1. The Plaintiff (Counterclaim Defendant) is the Suwon District Court with respect to real estate stated in the attached Table 3 to the Defendant (Counterclaim Plaintiff).

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. B is the spouse of the Plaintiff.

B. The registration of ownership transfer was completed in the name of the father, non-party H of B, on the ground of sale around May 1995, with respect to the F 87 square meters and its ground buildings (hereinafter “F land and buildings”), and the G 1,434 square meters (hereinafter “instant land before the instant partition”) in Sungsung-si, the registration of ownership transfer was completed in the name of B’s father, non-party H, respectively.

The sales price of the above real estate was KRW 84 million. At the time, B received KRW 29 million from the Plaintiff and used it as the purchase fund for the above real estate.

C. On May 4, 1998, the land before the instant subdivision was divided into each real estate listed in the separate sheet.

B) On the ground of the real estate listed in the attached list 1, B constructed two houses of reinforced concrete structure and tidal sloping roof, and completed the registration of ownership transfer in the name of B on September 1, 200.

On September 1, 200, each real estate listed in the F-land, building, and separate list had completed the registration of ownership transfer in the name of B as the cause of registration, with the "Inheritance due to the consultation division on May 3, 1999" as the reason for registration.

E. The F’s land and building had been completed on November 18, 2003 on the following grounds: “Sale on October 11, 2003” as the grounds for registration, and the ownership transfer registration was completed in I’s name.

F. B transferred total of KRW 30 million to the Plaintiff on November 8, 2003.

G. On the other hand, on April 21, 2005, with regard to the real estate listed in the separate sheet No. 3 as of April 2005, the establishment registration of a mortgage (hereinafter “establishment registration of a mortgage of this case”) was completed on the basis of the debtor B, mortgagee A, the maximum debt amount of 90,000,000, based on the grounds for registration.

H. On June 1995, the Plaintiff agreed that the Plaintiff, B, and J (or K) made an investment in 1/3 of the purchase price and purchased each land listed in the attached list of “F land and buildings,” and that the Plaintiff transferred 1/3 of the said real estate to the Plaintiff at the time of the purchase.

The ground for appeal is that the transfer agreement was made on June 1995 with respect to each one-third share of each of the real estates listed in the separate sheet against B.