1. The Defendant (Counterclaim Plaintiff) shared the Plaintiff’s 16,442,183 won and its related amount from September 11, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the attached list (hereinafter “the instant building”) and the real estate indicated in the attached list (hereinafter “the instant building”) in Hanam-si, Hanam-si, and the Defendants, the married couple, are those engaged in the construction business (trade name: E) in the name of the Defendant C.

B. On June 4, 2011, the Plaintiff entered into a construction contract with the Defendants to construct the instant building on the instant land by setting the construction cost of KRW 670 million (excluding value-added tax) and the construction period from June 4, 2011 to October 4, 2011 (hereinafter “instant contract”).

Accordingly, the Defendants began with the construction of the instant building (hereinafter “instant construction”) around that time, and the Plaintiff obtained approval for the use of the instant building on August 29, 2012, and completed registration of ownership preservation on September 11, 2012.

C. At the time of entering into the instant contract, the Plaintiff and the Defendants entered into a lease on a deposit basis (hereinafter “instant lease agreement”) with the first floor and the second floor of the ground among the instant buildings that the Defendants used for five years. The Plaintiff entered into a lease on a deposit basis (hereinafter “instant lease agreement”) with the amount of KRW 400 million (hereinafter “instant lease contract”). However, the Plaintiff entered into an agreement in lieu of the payment of the said lease on a deposit basis among the construction cost of the instant construction works (hereinafter “instant agreement”).

On June 4, 2011, pursuant to the instant agreement, the Plaintiff and Defendant C drafted a lease on a deposit basis (Evidence A No. 13) with respect to the first floor and second floor underground among the instant buildings with the content of KRW 400 million, and the lease period from September 11, 2012 to September 10, 2017. On September 19, 2012, the Plaintiff completed the registration of the creation of a lease on a deposit basis with the same content as the Defendant C future with respect to the first floor and second floor underground among the instant buildings.

E. Defendant B excluded the amount equivalent to value added tax on September 2012.