1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

1. Determination on the main claim

A. On February 22, 2006, the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 90 million to the Defendant. As such, the Defendant is obliged to pay the said loan and damages for delay to the Plaintiff.

B. The registration of ownership transfer was completed on April 13, 2004 with respect to C Forest land 17,858 square meters (hereinafter “the instant forest”). On February 22, 2006, the Plaintiff sold the instant forest and the purchaser’s check at the face value of KRW 100 million with the down payment (hereinafter “the instant check”). On February 22, 2006, the Defendant paid KRW 5 million each to the Plaintiff who was his wife, his wife, and received the check by proposing payment of the instant check at that time. There is no dispute between the parties.

However, comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1, 1, 2, 3, and 9, the plaintiff alleged that on September 13, 2011, the plaintiff filed a lawsuit against the defendant for the payment of KRW 45 million out of the check amount (Seoul Southern District Court 201Ga74295), and the plaintiff temporarily stored the check amount in the above litigation procedure, and the plaintiff and D own one half of the above down payment as joint investors in the forest of this case. Thus, the defendant asserted that the plaintiff is liable to pay the remaining KRW 45 million,000,000,000,000,000,000 out of the above check amount, excluding KRW 1/2,500,000,000,000,000,0000,000 from July 28, 2004.