1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. A. Around June 2003, the lease agreement and the establishment of a right to collateral security (1) C (the death of June 2009) acquired ownership of D, E, F, G, H, and I (hereinafter “instant real estate”) within the F, F, located in Bupyeong-si (hereinafter “instant real estate”) and operated J-Sari (hereinafter “Sari”).

(2) On March 2003, the Defendant entered into a lease agreement with C to set the deposit amount of KRW 300 million for the instant letter-to-door loan business, and paid the deposit money. On June 2003, the Defendant entered into a lease agreement to set the deposit amount of KRW 100 million for the letter-to-door loan business and paid the deposit money.

(3) On January 11, 2006, C created the right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate, with respect to which the maximum debt amount is KRW 460 million, the mortgagee, the Defendant of the right to collateral security, and the debtor C, with respect to the instant real estate.

B. On December 11, 2016, after the death of C, C prepared a written confirmation that C succeeds to the Defendant’s obligation of KRW 460,000,000,000, including lease deposit, loan, etc. (hereinafter “mortgage”).

C. On January 10, 2017, the Defendant filed an application for voluntary auction of the instant real estate with the Incheon District Court Branch M, which was based on the instant collateral security, and the auction court rendered a decision to commence auction on January 11, 2017.

(hereinafter “instant auction procedure”). D.

(1) On February 3, 2017, the Plaintiff entered into a contract with the Defendant for the transfer and takeover of claims (hereinafter “instant contract for the transfer and takeover of claims”) with the effect that the instant claim for the collateral security right is transferred to KRW 160 million. Around that time, the Plaintiff paid KRW 160 million to the Defendant, and the Plaintiff’s attorney at the request of the Plaintiff (at present, the Defendant’s attorney).