[Judgment of the court below]

Defendant (Attorney Im Jong-soo et al., Counsel for defendant-appellant)

April 11, 2013

Suwon District Court Decision 201Da49508 (Mains) decided August 9, 2012, 2011Da2582 decided August 9, 2012

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

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

1. Main elements;

The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) expressed to the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) a wish to accept each registration of cancellation of the registration of the establishment of a neighboring mortgage that was completed as of June 9, 2005 with respect to the registration of the establishment of a neighboring mortgage, which was completed as of No. 12842, which was completed as of June 9, 2005, and completed as of March 2, 2007 as of March 2, 2007, with respect to the registration of cancellation of the establishment of a neighboring mortgage, which was completed as of March 4852, 207.

2. Counterclaim;

The part concerning counterclaim in the judgment of the court of first instance shall be revoked.

The plaintiff (1) expresses his/her intent to transfer the right to request the withdrawal of KRW 100,786,220 of the deposit in the deposit case No. 1243 to the defendant, which was deposited in the future of the plaintiff, to the defendant, and notified the defendant that he/she transferred the right to claim the withdrawal of the deposit to the defendant. (2) The plaintiff expresses his/her intent to transfer the right to claim the withdrawal of the deposit amount of KRW 101,531,541 of the deposit securities in the deposit case No. 2012,00,000 of the deposit securities 372,00,000,000 of the deposit securities in the deposit case No. 2012,531,541 to the defendant in the Republic of Korea.

1. Scope of the judgment of this court;

In the first instance court, the plaintiff filed a claim against the defendant and the co-defendant 1 (the Nonparty) of the first instance court against the defendant, and the defendant filed a claim against the plaintiff for a counterclaim, the plaintiff's main lawsuit was dismissed in entirety, and the defendant's claim for a counterclaim was dismissed, and only the defendant appealed against the judgment of the first instance court.

Therefore, the defendant's counterclaim is only subject to the judgment of this court, and the defendant's counterclaim is judged only.

2. Quotation of judgment of the first instance;

The reasoning for the court’s explanation on the instant counterclaim is as follows: (a) adding “Evidence Nos. 16 through 18” to the grounds for recognition under Paragraph (1) of the part of the judgment of the court of first instance; and (b) adding “Evidence Nos. 11 and 14” to “Evidence Nos. 18 and 19 of the judgment of the court of first instance” (No. 7) and “Evidence No. 18 and 19 of the judgment of the court of first instance other than adding “Evidence No. 18 and 14 of the judgment of the court of first instance” to “Evidence No. 18 and 19 of the Civil Procedure Act; and

3. Conclusion

Therefore, the defendant's counterclaim shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Jeong-jin (Presiding Judge)