1. The appeal by the counterclaim defendant is dismissed.

2. The costs of appeal shall be borne by the counterclaim Defendant.

Purport of claim and appeal

1..

1. Determination on the cause of the counterclaim

A. Facts of recognition 1) The Plaintiff and the Lessee C, and D (hereinafter “Counterclaim Plaintiff, etc.”)

On January 10, 2014, each real estate listed in the separate sheet (each real estate listed in the separate sheet Nos. 1 and 3 is owned by the counter-party and the real estate listed in the separate sheet No. 2 was owned by the counter-party.

A) A sales contract was concluded to sell KRW 290 million, and the down payment was paid KRW 5 million on the same day, and the intermediate payment was paid KRW 15 million on January 13, 2014. The remainder amount of KRW 270 million was paid on February 10, 2014. The said sales contract agreed that the remainder payment payment due to the special agreement may vary depending on the circumstances of the counterclaim and the counterclaim, but the period shall not exceed two weeks. 2) The counterclaim, etc. received the down payment ( KRW 5 million), intermediate payment ( KRW 15 million), and part of the remainder ( KRW 180 million) under the said sales contract, and delivered each of the instant real estate to the counterclaim on February 3, 2014, each of the instant real estate registered its ownership transfer to the counterclaim and delivered each of the instant real estate to each of the counterclaim.

On February 11, 2014, the day following the remainder payment date under the above sales contract, the Counterclaim Plaintiff was registered to establish a mortgage on each real estate listed in the separate sheet from the Counterclaim Defendant, with the maximum debt amount of KRW 90 million, the obligor, the Counterclaim Defendant, and the Counterclaim Plaintiff, the mortgagee of the right to collateral security.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-3 (including each number; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

B. According to the above facts of recognition, the counterclaim Defendant is obligated to pay the remainder of KRW 90 million due to the above sales contract to the Counterclaim Plaintiff, etc. (=290 million - 200 million).

Since there is no agreement between the counterclaim and the counterclaim Defendant as to how the above claim belongs to the counterclaim, the above balance claim.