1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant) Nos. 106, 1203, Yangsan-si, Yangsan-si. 106.

1. Basic facts

A. The plaintiff is the father of the defendant.

B. On November 19, 2001, the Plaintiff leased the C Apartment No. 106, 1203, 1203 (hereinafter “the instant house”) of Yangsan-si Co., Ltd. (Co., Ltd., a mutual company before the alteration; hereinafter the same) to 46 million won, and around that time, paid the lease deposit to the non-party company and resided in the instant house.

C. On December 5, 2006, the registration of ownership transfer was completed in the name of the defendant on the instant housing.

The plaintiff operated the Taekwondo Dom (hereinafter in this case's painting) with the trade name "D" in Busan Dong-gu, and the defendant worked as an employee from the above painting.

[Reasons for Recognition] Facts without dispute, Gap 6, 12 evidence, Eul 5 and 9 evidence, the purport of the whole pleadings

2. We also examine the allegations and judgments of the parties, and counterclaims.

A. (1) The Plaintiff’s claim for return of unjust enrichment is without dispute (A) 1, Gap evidence 1, Eul evidence 2-1, Eul evidence 2-2, Gap evidence 3-10, Gap evidence 15-17, and the whole purport of the pleadings. The Plaintiff leased and resided in the instant house from the non-party company around November 19, 201, and had already acquired the instant house from the non-party company around November 19, 2006, but it was difficult to sell it in his name due to the "Restriction on the Sale of Two Houses per household" as the Plaintiff already owned the E Apartment 114-203, Yangsan-si, and ② the Plaintiff purchased the instant house on November 12, 2006 from the Defendant’s name.

3. The Plaintiff borrowed the Defendant’s name on December 5, 2006 and borrowed KRW 60 million from the Gyeongnam Bank Co., Ltd. (hereinafter “Non-party bank”) (hereinafter “the instant loan”) and then “non-party to the collateral mortgagee” in the instant house.