1. On May 24, 2018, the Plaintiff (Counterclaim Defendant) jointly owned the Defendant (Counterclaim Plaintiff) with KRW 70,000,000, and on this basis, the Plaintiff (Counterclaim Defendant) paid KRW 70,000 to D.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 3, 2015, the Plaintiffs jointly purchased the G funeral hall at KRW 1.5 billion from Defendant D, E, the maximum debt amount of KRW 520,000,000,000,000 for the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage under the name of the instant E”) and the third-story building on the land (hereinafter “instant real estate”) at the time when the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage under the name of the instant E”) was completed. The Plaintiffs jointly purchased the said funeral hall at KRW 1.5 billion when the said building was in operation.

(hereinafter “instant sales contract”). Defendant C, as an actual operating owner of the instant funeral hall, was represented by Defendant D after the process of concluding the instant sales contract and the conclusion thereof.

Meanwhile, while the Plaintiffs intended to purchase the instant real estate jointly with H, H did not reach the conclusion of the instant sales contract.

B. Defendant D received the registration of ownership transfer from E, the transferor owner of the instant real estate on February 9, 2015.

C. On February 3, 2015, the Plaintiffs remitted total of KRW 523 million, including KRW 150 million, KRW 222,300,000,000 on February 4, 2015, and KRW 523,000,000,000 on February 6, 2015 to the account under the name of a certified judicial scrivener I, and around that time, the Plaintiffs occupied the instant real estate and commenced the business of the instant funeral hall.

The Plaintiffs completed the registration of ownership transfer on February 26, 2015, each of 1/2 shares of the instant real estate.

On the same day, the establishment registration of the right to collateral security (hereinafter “registration of the right to collateral security”) was completed with respect to the instant real estate by the debtor, the maximum debt amount of KRW 650 million, and the right to collateral security (hereinafter “registration of the right to collateral security”) with Defendant D, in order to secure the remaining debt due to the instant contract against Defendant D.

E. The Samcheon Credit Union (Scheon Branch) of the Chuncheon District Court on May 26, 2015, provided that E does not repay the secured debt.