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1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list the attached list from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On July 13, 1996, the Defendant acquired the ownership of reinforced concrete structure, slabbive roof, neighborhood living facilities and exhibition facilities (hereinafter “instant building”). On May 7, 1998, the Defendant completed the registration of divided ownership of the instant building with respect to the first floor Nos. 101, 201, 301, 301, 401, 401 of the second floor, 101-5 of the underground floor No. 101 of the underground floor.
From around that time, the Defendant, without filing for the registration of sectional ownership, leased each of the above subparagraphs to the Defendant’s new roads, etc. by actually separating them from No. 201, No. 201, No. 202, No. 203, No. 301, No. 302, and No. 303, No. 401, No. 401, No. 402, and No. 403.
B. On January 5, 2003, the Plaintiff possessed a lease agreement from the Defendant to rent KRW 186 million of the lease deposit (hereinafter “instant lease agreement”) No. 301 and No. 401 of the third floor No. 301 and No. 401 of the building of this case (hereinafter “instant lease agreement”). Of the instant lease agreement, the Plaintiff’s seal affixed to the Defendant’s name is based on the Defendant’s seal.
In the instant lease agreement, the instant lease agreement states that “one hundred million won is the deposit for the lease of two goods of the above-mentioned building,” and “one hundred million won is the full receipt of KRW 10 million,” and the Defendant’s seal is affixed on the side of the above-mentioned second sentence.
C. On January 5, 2003, the meeting of the representative of the defendant's office decided to sell the second floor Nos. 201, 301, and 401 of the building of this case to E, who is the father's father, to sell the second floor Nos. 201, 301, and 401 of the building of this case. The minutes of the meeting of the representative of the removed office (the minutes of this case No. 7; hereinafter "the minutes of this case") prepared at that time, "the price of the traded goods shall be KRW 188,6 million for the deposit money, and the obligations of the livestock cooperative (the defendant's obligations for loans to both Jeju and Jeju Livestock