1. All appeals filed by the Defendant (Counterclaim Plaintiff) regarding the main claim and counterclaim are dismissed.

2. The appeal costs.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The reasoning for this part of this Court is that the corresponding part of the decision of the court of first instance is the same as that of the corresponding part of the decision of the court of first instance.

The Plaintiff’s assertion of the Plaintiff’s claim for the delivery of the instant real estate and the return of unjust enrichment among the parties’ assertion in the principal suit was received as payment in lieu of the payment of the debt of one billion won from the Defendants, and completed the registration of ownership transfer on August 28, 2009.

The Defendants are illegally occupied by installing the instant ground objects, etc. on the instant real estate owned by the Plaintiff. Therefore, the Defendants shall jointly deliver the instant real estate to the Plaintiff, and the Defendants shall jointly return to the Plaintiff unjust enrichment equivalent to the monthly rent from August 29, 2009, which is the day after the date of acquisition of the Plaintiff’s ownership until the time when the instant real estate is transferred.

The Defendants asserted that the Defendants merely left the Plaintiff with documents related to the sale and purchase of the instant real estate in order to secure the remaining debt amounting to one billion won after making reimbursement according to the settlement of agreement between the Plaintiff and the Plaintiff. Since the Plaintiff completed the registration of ownership transfer by using the said documents without permission, the registration of ownership transfer of the Plaintiff with respect to the instant real estate is invalid.

The ownership transfer registration in the name of the Plaintiff as to the instant real estate is the subject matter of claim security. The subject matter of security exceeds the value of the instant real estate and buildings above, and the Plaintiff was unable to acquire ownership because it did not go through liquidation procedures under the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”). As such, the Plaintiff’s claim for the instant principal lawsuit based on the premise that he/she is the owner is unreasonable.

The plaintiff's transfer of ownership as to the real estate of this case is registered around the defendants' assertion of counterclaim.