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

2. The costs of lawsuit shall be assessed by adding a principal lawsuit and a counterclaim;

1. Determination as to the main claim

A. The Plaintiff’s assertion C bears the Plaintiff’s obligation equivalent to KRW 80 million.

On August 12, 2016, the Defendant agreed to “where C fails to repay the above debts to the Plaintiff by one month after the payment of the debts, the real estate recorded in the separate sheet (hereinafter “instant real estate”) by subrogation of C shall be paid in lieu of the Plaintiff.”

C did not repay the obligation after the above agreement, and the plaintiff shall seek against the defendant an implementation of the ownership transfer registration procedure based on the payment agreement.

B. As to whether a payment agreement was concluded between the Plaintiff and the Defendant, the evidence No. 1-10 (certificate of full payment of the sale price) cannot be used as evidence, since there is no evidence to acknowledge the authenticity, and the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that there was a payment agreement between the Plaintiff and the Defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's main claim is without merit.

2. The preliminary counterclaim against the preliminary counterclaim is subject to a trial on the condition that the claim of the principal lawsuit is accepted, and the preliminary counterclaim is not subject to a trial, unless it has rejected the claim of the principal lawsuit (see, e.g., Supreme Court Decision 2006Da19061, 19078, Jun. 29, 2006). Thus, the plaintiff's claim of the principal lawsuit is rejected, and the defendant's preliminary counterclaim is not separately judged.

3. In conclusion, the plaintiff's main claim is dismissed as it is without merit. It is so decided as per Disposition.