1. The main text of the judgment of the first instance is as follows according to the expansion of the purport of the counterclaim by the Defendant (Counterclaim Plaintiff).

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), C received the registration of transfer of ownership on November 22, 2012 from D who owned the instant real estate on November 16, 2012, and completed the registration of transfer of ownership on the ground of sale as of November 16, 2012. The Defendant received the registration of transfer of ownership from C on May 30, 2013 and on May 22, 2013.

B. From May 14, 2009, the Plaintiff moved to the instant real estate on May 14, 2009, but moved to the Incheon Bupyeong-gu I apartment 316 Dong 106 on August 7, 2010. On March 15, 2010, the Plaintiff re-transfered the instant real estate to the Incheon Bupyeong-gu J building 702 on July 8, 201, and re-transfered to the instant real estate again on July 12, 201.

C. A’s certificate No. 4 (C and the Plaintiff’s lease agreement) and C, the former owner of the instant real estate, filed a complaint with the Plaintiff by means of forging and uttering private documents, alleging that the certificate No. 4 was forged. 4.

The Plaintiff was prosecuted due to the crime of attempted fraud, etc., and was sentenced to imprisonment with prison labor for four months and a suspended sentence of one year on February 16, 2017 for conviction of attempted fraud due to the instant indictment.

(In Incheon District Court Decision 2016Ma2566 Decided February 16, 2017). The above judgment is only the prosecutor appealed and is still pending in the appeal court.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 5, Eul evidence 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted 1: (a) concluded a lease agreement with the previous owner D and security deposit of KRW 60 million to purchase the instant real estate on condition that C had resided in the instant real estate; and (b) purchased the instant real estate on condition that C would accept the obligation to return the said security deposit.

Accordingly, on October 28, 2012, the Plaintiff entered into a new lease agreement with C and security deposit of KRW 60 million. On November 22, 2011, the Plaintiff entered into the said lease agreement.