1. The appeal by the Defendant (Counterclaim Plaintiff) against the principal claim and the main claim of the Defendant (Counterclaim Plaintiff) that are changed to exchange in the first instance.

The reasoning of this court is that the judgment on the cause of the claim concerning the main claim is identical to that of the judgment of the court of first instance, and that of paragraphs (1) and (2). Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

The defendant, as the purchaser of judgment on the defendant's defense, has a right to possess the land of this case as the purchaser, and the plaintiff has a duty to allow the defendant to occupy the land of this case as the heir of G, because he purchased the land of this case from G and paid the down payment and intermediate payment to G in early June 2007, since he purchased the land of this case from the actual owner of the land of this case and paid the down payment and intermediate payment to G.

However, there is no evidence to acknowledge the authenticity of No. 1 claiming that the Defendant received the instant land from G in lieu of the sales contract, and even if the authenticity is recognized, it is insufficient to recognize that the Defendant purchased the instant land from G inasmuch as it stated only “Y, H, and contractor G, the fixed amount of the pre-sale contract, one million won,” and there is no other evidence to acknowledge it.

Therefore, the first defendant's defense on a different premise is without any need to examine further.

In the first instance trial on June 2007, the Defendant concluded a lease on a deposit basis with her husband G and the instant land amounting to 30,000,000 won (hereinafter “instant lease on a deposit basis”), and G died on or around April 2012 and succeeded to the status of the Plaintiff. As such, the Defendant has the right to possess the instant land, and the Plaintiff’s claim is contrary to the good faith principle.

First, we examine whether the contract to lease on a deposit basis was established between the defendant and G.

For the formation of a contract, it is required that the parties agree with each other.