1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the motor vehicle indicated in the separate sheet.

2...

1. The principal lawsuit and the facts constituting the counterclaim;

A. A. Around September 2012, the Plaintiff borrowed gold KRW 12 million from Nonparty C as security at the time, offered the vehicle indicated in the attached list of KRW 39.8 million at the time. Around September 2012, the Plaintiff issued a vehicle transfer certificate (Evidence B (Evidence B) (Evidence B), a vehicle operation permit (Evidence B) (Evidence B), and a loan certificate (Evidence B) to C.

B. Although the Plaintiff repaid the loan to C on February 23, 2013, C did not return the motor vehicle.

C. On April 17, 2015, the Defendant paid KRW 12 million from a motor vehicle dealer on his/her name, and received a certificate of vehicle transfer, a certificate of vehicle abandonment, and a vehicle operation permit as indicated earlier while purchasing the instant motor vehicle.

On May 30, 2015, the Plaintiff reported theft to the police in order to find the instant vehicle, and as a result, the Defendant met the Defendant on May 30, 2015. At that time, the Defendant agreed to allow the Plaintiff to acquire the instant vehicle on the condition that the Plaintiff would repay the debt of KRW 10 million secured by the Hyundai Capital Capital Mortgage established on the instant vehicle, and prepared a written confirmation (Evidence 5).

(W) The notice of confirmation reveals that “acquisition of claim” takes place, which means that the defendant pays KRW 10 million to take over the obligation of Hyundai Capital.

On the following day of the above agreement, the Defendant: (a) paid KRW 8 million reduced from KRW 18 million to the Plaintiff; and (b) the Plaintiff asserted that the ownership of the instant vehicle may be transferred to the Plaintiff only after receiving KRW 18 million; but (c) the Defendant did not comply therewith.

F. Ultimately, the Plaintiff repaid KRW 10 million to Hyundai Capital.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, entry of Eul evidence 1 through 5, purport of whole pleadings]

2. According to the above facts of recognition as to the main claim, the Plaintiff is the owner of the instant automobile.