1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver a motor vehicle listed in the separate sheet;

(b) 8,734.

1. The principal lawsuit and counterclaim shall be deemed to be all filed;

A. On April 23, 2008, the Plaintiff purchased the instant vehicle as a discount and registered the transfer of ownership.

On the other hand, on April 30, 2008, Hyundai Capital Co., Ltd. (hereinafter referred to as the “Modern Capital”) that lent the above installment to the Plaintiff established a mortgage on the instant automobile at KRW 13,400,000 with a claim value of KRW 13,40,000.

B. On February 6, 2009, the Plaintiff entered into a sales contract with the Defendant on the condition that the Defendant bears all expenses related to the installment of the motor vehicle and the operation of the motor vehicle arising after the date of the sales contract (hereinafter “instant sales contract”).

As the special terms and conditions of the instant sales contract, “the Plaintiff shall prepare all documents necessary for the transfer of the instant motor vehicle at the time determined by the Defendant,” and “the Plaintiff may demand the return of the instant motor vehicle when the Defendant breached its duty to pay.”

On the same day, the Defendant occupied and used the instant vehicle from the time of delivery of the instant vehicle by the Plaintiff.

C. However, on February 11, 2009, D, the Plaintiff’s creditor, asserted that the Plaintiff had a claim of KRW 200 million against the Plaintiff, and seized the instant automobile.

Accordingly, the Defendant demanded the Plaintiff to cancel the provisional seizure in order to transfer the name of the instant automobile, and the Plaintiff failed to comply with it, and thereafter, expressed his intent to cancel the instant sales contract to the Plaintiff.

After that, the Defendant did not pay the installment, etc. for the instant motor vehicle at once, and the Plaintiff sent a certificate of content to the Defendant, around April 23, 2010, to the effect that the Plaintiff cancelled the above sales contract and deliver the instant motor vehicle to the Hyundai Capital.

Nevertheless, the defendant continued to do so.