1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) is revoked, and the revocation part is applicable.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 4, 2009, the Plaintiff completed the registration of ownership transfer from the Defendant (hereinafter “instant registration of ownership transfer”) as prescribed by Article 223525, as to each real estate listed in the separate sheet (hereinafter “instant real estate”).

The registration of transfer of ownership of this case was made between the Plaintiff and the Defendant on November 11, 2009 with the grounds for registration. The sales contract (hereinafter “the sales contract of this case”) submitted with documentary evidence of the above sale contains the following contents: “The sale price shall be KRW 52 million; “the contract amount shall be paid and received on the date of the contract”; “the Plaintiff shall succeed to the loan of KRW 30 million”; and “the remaining amount of KRW 17 million shall be paid on December 2, 2009”.

B. Meanwhile, on September 21, 2009, the Plaintiff was married with the Defendant on the other hand.

Even after the divorce as above, the Plaintiff resided in the building part of the instant real estate residing by the Defendant (hereinafter “instant building”) from the end of 201 until the end of 201 as it continued to have a marital relationship with the Defendant.

[Ground of recognition] Each entry of Gap evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion suggested the Plaintiff to purchase the instant real estate as the Defendant required funds due to debt guarantee, etc., and the Plaintiff and the Defendant sold the instant real estate on November 11, 2009.

As to the purchase price, the Plaintiff takes over the secured debt of the right to collateral security (hereinafter “instant right to collateral security”) of the D Union, which was completed by No. 167719, August 17, 2006, the registration office of the Gwangju District Court with respect to the instant real estate, and the remaining purchase price of KRW 22 million received from the Plaintiff’s father H.