1. The plaintiff (Counterclaim defendant) is to receive the delivery of No. 302 of Dong-dong C, Nam-gu, Dong-gu, Seoul from the defendant (Counterclaim plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff became aware of the Defendant around 2009, and from August 2010, the Plaintiff resided with the Defendant’s family in the Dong-gu, Dong-gu, Dong-dong C(hereinafter “instant real estate”) No. 302 (hereinafter “instant real estate”).

B. Around September 2012, the Plaintiff had the Defendant use the agricultural bank passbook under the Plaintiff’s name.

C. On February 28, 2013, the Plaintiff deposited the said account in the Plaintiff’s name, KRW 3.5 million, KRW 10 million on June 11, 2013, and KRW 14.5 million on March 14, 2014, and paid the Defendant the said KRW 14.5 million (hereinafter “instant money”).

On the other hand, on May 20, 2013, the procedure for compulsory auction was initiated on the instant real estate.

The Plaintiff purchased the instant real estate at approximately KRW 68 million in the above auction procedure, and completed the registration of ownership transfer on January 7, 2014.

E. On February 14, 2014, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff on the condition that the instant real estate was leased at KRW 30 million and the period of two years.

F. Around January 2016, the Defendant stated that the Plaintiff will deliver the instant real estate if he/she returned the deposit to the Plaintiff, and the Plaintiff also expressed his/her intent to refuse to renew the registration to the Defendant.

G. On January 12, 2016, the Plaintiff demanded the Defendant to return the passbook in the name of the Plaintiff, and received the said passbook from the Defendant upon filing a 112 report.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff asserted that the Defendant respectively lent the instant money to the Defendant on February 28, 2013, June 11, 2013, and March 14, 2014, and asserted that the said money was returned to the principal lawsuit, and that the Defendant’s counterclaim offsets the Defendant’s claim for the return of the lease deposit against the said claim.

The defendant shall pay the money of this case to the plaintiff's principal office.