1. The part regarding the claim for extradition of real estate among the counterclaim of this case is modified as follows:

The Plaintiff (Counterclaim) is the Plaintiff.

1. In the first instance court’s trial scope, the Plaintiff filed a claim for cancellation of ownership transfer registration, and the Plaintiff filed a claim for ownership transfer registration with the principal lawsuit. The Defendant-Counterclaim filed a claim for cancellation of ownership transfer registration and a claim for restitution of unjust enrichment against the counterclaim. The court of first instance dismissed the claim for cancellation registration of ownership transfer registration among the principal lawsuit, dismissed the claim for ownership transfer registration, accepted the claim for delivery of real estate among the counterclaim, and dismissed the claim

In addition, only the plaintiff appealed against the judgment of the first instance, and only the part concerning the principal lawsuit was appealed, and only the part concerning the counterclaim against the plaintiff was appealed.

Therefore, the scope of this Court's trial is limited to the claim for delivery of real estate among all principal lawsuit and counterclaims.

2. Basic facts

A. On September 8, 2011, the Plaintiff lived with the Deceased for about ten (10) years until he/she died of the deceased’s body rock. The Defendant Lessee (Counterclaim) is the deceased’s children and the heir, respectively. The inheritance ratio is 1/5.

B. Around July 2008, the Plaintiff disposed of a restaurant operated with the Deceased (Seoul-gun I Road Name Address: J located in Daegu-gun L, Daegu-gun) and leased each real estate listed in the separate sheet from Defendant G (hereinafter “each real estate of this case”) from the Defendant G on July 2008 and operated the restaurant with the name of K.

C. As above, there is a defect that Defendant G sells each of the instant real estate to another while running a restaurant, and on April 2, 2009, the deceased prepared a sales contract with Defendant G to purchase each of the instant real estate in KRW 157,000,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer in the name of the deceased.

(Supplementary branch of the Daegu District Court (Seoul District Court No. 43626, Apr. 28, 2009). As a result, the Defendant (Counterclaim) who is an inheritor is the deceased, shall register the ownership transfer of each real estate of this case by inheritance shares.