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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. Upon a counterclaim, the Plaintiff (Counterclaim Defendant).
Reasons
1. Fact that there is no dispute over the fact of recognition [based on recognition], entry of evidence A1 through 7, 9, 10, result of appraiser C’s appraisal, and purport of whole pleadings;
A. From 197, the Plaintiff, a direct real estate producer, made a transaction in goods supply with the Defendant, and lent money to the Defendant several times as a price for original purchase, and was supplied by the Defendant in lieu of the repayment of the loan.
B. On January 10, 2003, the Plaintiff made a promise of accord and satisfaction between the Defendant and the Defendant to receive a transfer of the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) if the Defendant is unable to pay KRW 500,000,000 borrowed from the Plaintiff by February 28, 2003.
C. As the Defendant failed to repay KRW 500,000,000 after the maturity date of February 28, 2003, the Plaintiff filed a lawsuit against the Defendant on August 26, 2004 against the Defendant on the ground of a contract for payment in substitutes (hereinafter referred to as “the prior lawsuit”) and the Defendant did not submit a written reply disputing the Plaintiff’s claim even after receiving the written complaint on September 2, 2004, and without submitting a written reply disputing the Plaintiff’s claim on November 5, 2004, the Plaintiff was sentenced to a favorable judgment of the Plaintiff.
This decision was finalized on December 31, 2004, and the plaintiff completed the registration of ownership transfer in the name of the plaintiff on January 24, 2006 based on the final judgment.
Even after that, on June 28, 2008, the Plaintiff lent money to the Defendant several times. On the other hand, the Plaintiff settled a monetary relationship between the Defendant and the Defendant and confirmed the Defendant’s monetary obligation up to June 28, 2008 against the Plaintiff at KRW 1,00,000,000. The instant real estate was offered as security for the Defendant’s monetary obligation and was completed in the name of the Plaintiff.