1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is entitled to 669,045.

1. Basic facts

A. On April 6, 2006, the Defendant: “The interest rate shall be 2.5% per month and the maturity shall be set on September 5, 2006, and KRW 120 million shall be borrowed”; the Defendant prepared a loan certificate and a performance certificate (Evidence A 22), and set up five bonds of real estate listed in the attached list owned by the Defendant (hereinafter “instant real estate”) and three bonds of real estate listed in the attached list owned by the Defendant, and set up a collateral security (hereinafter “first collateral security”) with respect to the said five bonds within one building (hereinafter “instant real estate”).

B. On March 10, 2008, the establishment registration of the first place of the mortgage was cancelled on the same day. On the same day, the Defendant prepared a loan and a written confirmation (Evidence A 21) stating that “The rate of interest shall be 3% per month, and the maturity shall be 2498 million won, which shall be determined on September 10, 2008.” On the same day, the Defendant created a collateral security (hereinafter “second collateral security”) with respect to the instant six bonds, which shall constitute a maximum debt amount of 410 million won.

C. The Defendant completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on the ground of the “sale contract on the same day” with respect to the real estate of this case 6 bonds under Article 41624, which was received on June 26, 2009 by the Jung-gu District Court Goyang Branch Branch Office, Goyang Branch Office, and the registration of the establishment of the second neighboring mortgage was cancelled on the same day.

On June 28, 2009, the Plaintiff and the Defendant prepared an agreement on the implementation of provisional registration of a sales contract (hereinafter “instant agreement”) with respect to the six debt real estate of this case, and received a notarial deed.

Accordingly, the Defendant calculated the Plaintiff on the same day the amount of KRW 810 million (the contract amount of KRW 287 million and the remainder of KRW 530 million) of KRW 820,000,000,000,000,000 for the instant six real estate (the contract amount of KRW 287 million and the remainder of KRW 530,000,000). The Defendant sold the instant six real estate to the Plaintiff on the same day on the same day on the condition of settling bank loans and lease deposit, etc.

The ground for provisional registration is that of the plaintiff.