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

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. In order to carry out a joint housing construction project (hereinafter “instant project”), the Plaintiff and C Co., Ltd. (1) (hereinafter “C”) shall purchase 9,820/11,008 shares from AH in Nam-si, Namyang-si, Namyang-si, and complete the registration of the transfer of ownership on February 14, 2007, for the joint housing construction project (hereinafter “instant project”). On February 22, 2007, the Plaintiff and C Co., Ltd. (hereinafter “C”) completed the registration of the establishment of a mortgage as to each of the instant 9,820/11,008 shares among the instant 14 parcels on February 22, 2007.

(2) After the partition of co-owned property, on June 20, 2008, the share of 9,820/11,008, which is the C share of the Janyang-si Jan-si (hereinafter “J forest”) among the 14 parcels of this case, was completed by the registration of ownership transfer in C’s name. The share of 1,199/1,008, which is the share of AH among the remaining 13 parcels, was completed by the registration of ownership transfer in C’s name

On the other hand, AH completed the registration of ownership transfer in W on September 10, 2008 on the ground of sale of J forest on September 3, 2008.

(3) During the process of the instant project, C, a creditor, was voluntarily decided to commence the auction procedure on May 24, 2010 upon the request for voluntary auction by the Bank of Korea, Inc., a creditor, on May 24, 2010, with respect to each of the instant 9,820/11,008 shares among the instant 14 parcels, and the auction procedure was initiated.

Accordingly, C entered into an investment agreement with the Plaintiff on July 27, 2012, with a view to continuing the instant project after receiving a successful bid in the name of the Plaintiff for the said land subject to auction in the name of the Plaintiff.

(hereinafter “instant Investment Agreement”) On January 1, 200, the Plaintiff and C are about the raising of funds, loan, financial right, payment of investment profit, tax settlement, and return of ownership, etc. necessary for the auction auction of 9,820/11,008 shares of the said real estate on 14 lots of forest land (the Government District Court V real estate rental auction of the said real estate) by the Namyang-si, H, I, J, K, K, L, M, M, N, P, Q, Q, Q, T, U. 14 lots of forest land (the purpose of this Agreement).