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1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.
2...
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. After the Plaintiff was divorced from her husband, the Plaintiff became aware of the Defendant through the introduction of her husband around 2015, starting the teaching system from around that time.
B. On September 18, 2015, the Defendant entered into a contract to purchase real estate listed in the separate sheet (hereinafter “instant apartment”) with C, but failed to pay an intermediate payment, the said contract was rescinded on January 8, 2016.
C. On January 7, 2016, the Plaintiff entered into a contract to purchase the instant apartment from C to purchase KRW 820,000,000, with the Defendant’s solicitation that it may obtain a reasonable profit from the purchase of the instant apartment, and completed the registration of ownership transfer in the name of the Plaintiff with respect to the instant apartment at the same time as the remainder payment on February 26, 2016. Of the above purchase price of KRW 820,000,000 among KRW 820,000,000, the amount of KRW 525,000,000, as a collateral loan of the instant apartment, was respectively set up.
The defendant is living in the apartment of this case from the time when the plaintiff acquired the ownership of the apartment of this case to the day of closing the argument of this case.
E. From the time the Defendant started residing in the instant apartment to August 2017, the Defendant transferred money equivalent to the interest on the instant apartment loan (the amount between KRW 1,00,000 and KRW 2,00,000) to the Plaintiff’s account in the name of the Plaintiff each month. From September 2017, the Defendant did not transfer money to the Plaintiff any more.
F. The Plaintiff and the Defendant began to be far away from September 2017, and the Plaintiff began to demand the Defendant to deliver the instant apartment from December 8, 2017.
G. The Plaintiff, through the service of the duplicate of the instant complaint, expressed the Defendant’s intention to terminate the lease agreement on the instant apartment on the grounds of the Defendant’s failure to pay rent for more than two years.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Gap evidence 6, and Gap.