1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) shall list the attached list to the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 23, 2017, the Plaintiff prepared a sales contract between the Defendant and the Plaintiff, stating that the Defendant purchases each real estate listed in the separate sheet (hereinafter “instant real estate”) from the Plaintiff for KRW 8.5 million (hereinafter “instant sales contract”).

(hereinafter “instant sales contract” (No. 1 and No. 1). B. of the sales contract concluded pursuant to the instant sales contract (hereinafter “instant sales contract”).

The Defendant deposited the Plaintiff as the principal deposit on March 24, 2017, the intermediate payment KRW 200 million, and the down payment KRW 150 million on April 7, 2017 (the Defendant paid the down payment of KRW 150 million to the Plaintiff on February 23, 2017, but the Plaintiff refused to receive the down payment that was returned to the Defendant on March 29, 2017) and the remainder KRW 50 million on April 28, 2017, respectively.

(Evidence Nos. 4, 5, 6) / [Grounds for Recognition] Gap 1, Eul 1, 4, 5, and 6 respectively, and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff did not bear the obligation to transfer ownership under the instant sales contract for the following reasons; and (b) the Defendant disputing such obligation is sought to confirm the absence of the said obligation.

(1) The instant sales contract was concluded by the Defendant based on the “effective title trust agreement” with the title trustee, Nonparty C as the title truster, and the Plaintiff as the other party.

(2) Even if the Defendant actually purchased the instant sales contract, the Defendant, by deceiving the Plaintiff to enter into the instant sales contract by informing the Plaintiff of the value lower than the market value of the instant real estate.

The instant sales contract constitutes an expression of intent by fraud, and the Plaintiff revoked the instant sales contract with the statement of preparatory documents dated August 9, 2017.

B. The gist of the Defendant’s assertion is between the Plaintiff and the Defendant.