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1. Revocation of the first instance judgment.
2. The Defendant (Counterclaim Plaintiff) is a motor vehicle indicated in the separate sheet to the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The defendant is a person who operates the second body called "E" in Sejong Special Self-Governing City D, along with attached C.
B. On February 22, 2012, the Defendant purchased a motor vehicle listed in the separate sheet (hereinafter “instant store”) from KRW 109,110,000 for use in the said solid business and completed the transfer of ownership.
C. On February 13, 2012, the Defendant: (a) paid 11,610,000 won in a lump sum; (b) concluded a loan agreement with FF Co., Ltd. (hereinafter “F”); and (c) set up a mortgage on the claim amount of KRW 97,50,000 on the instant installment payments for the period from March 2012 to May 60, 2012; and (d) decided to pay the said principal and interest of KRW 2,05,065, 60, 197, and 025, respectively, from March 3, 2012 to May 59.
(hereinafter referred to as “F Loan Agreements”). (d)
From March 2012, the Defendant paid the installment of the F Lending Agreement and used the instant store.
E. Meanwhile, at the time of around 2012, the Plaintiff, at the time of the Plaintiff’s de facto marriage, was engaged in the work together with the Defendant in G, from around 2011 to around February 13, 2012, and was assigned to the Defendant as a joint guarantor of the F Lending Agreement upon the Defendant’s request. Since the end of February 2012, the Plaintiff came to work in E and used the instant house as the Defendant’s proposal, and deposited KRW 2,00,000 each month from December 24, 2012 to May 2016.
F. On May 1, 2016, the Defendant demanded the Plaintiff to return the instant house. On May 31, 2016, the Defendant borrowed KRW 64,000,000 from I Co., Ltd. as collateral and repaid in lump sum the installment of the F Loan Agreement remaining at the time, and returned the instant house from the Plaintiff on May 18, 2017, in which the instant lawsuit is pending.