The appeal by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) shall be dismissed, respectively.

The plaintiff (Counterclaim defendant) added to this court.

1. The first instance court, the scope of this Court’s trial, all of which dismissed the Plaintiff’s claim, and accepted only the claim for delivery of real estate among the Defendant’s counterclaim and dismissed all of the remaining claims.

On the other hand, the plaintiff appealed against the principal claim and the counterclaim claim, and added a preliminary claim to the principal claim in this court. The defendant appealed against the main claim for cancellation of principal registration of preservation of ownership, the preliminary claim for the loan of KRW 200 million, and the claim for return of unjust enrichment due to possession and use of the second floor among the real estate listed in the attached Table 2, while withdrawing the claim for delivery of real estate among the counterclaim claims on July 2, 2020.

Therefore, the scope of this court's trial is limited to the plaintiff's principal claim (including any conjunctive claim added by this court), the defendant's counterclaim claim for cancellation of principal registration of preservation of ownership, the conjunctive claim for cancellation of loan of KRW 200,000,000, and the claim for restitution of unjust enrichment due to the possession and use of the second floor

2. The reasons why the court stated this part of the underlying facts are as follows: (a) the Plaintiff from August 2, 2012 to March 9, 2020, part of the second floor of the instant commercial building (hereinafter “instant car page”) among the instant commercial buildings from around August 2012 to around March 9, 2020.

(1) The Corporation has operated the Corporation.

The judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance except for the case of dismissal, and thus, it is accepted in accordance with the main sentence of Article 420

3. Determination as to the claim on the principal lawsuit

A. In full view of the Plaintiff’s assertion of KRW 150 million, the Plaintiff leased KRW 100 million to the Defendant without setting the due date for reimbursement of KRW 50 million on February 11, 2016, and KRW 50 million on November 17, 2016.

Therefore, the defendant is obligated to pay to the plaintiff the above loan amounting to KRW 150 million and damages for delay.

Preliminaryly, the amount of KRW 150 million paid by the Plaintiff to the Defendant is not recognized as the loan.