The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) received KRW 816,696 from the Plaintiff (Counterclaim Defendant) and simultaneously received the payment from the Plaintiff (Counterclaim Defendant).

Facts of recognition

On March 29, 2013, the Plaintiff entered into a sales contract with the Defendant to sell 1653 square meters of 1913 square meters (hereinafter “instant land before the instant subdivision”) in Kimpo-si, Kimpo-si (hereinafter “instant sales contract”), and the terms and conditions of the special agreement are as follows:

(hereinafter “the instant special agreement”). 1. Total area of 578 square meters (1913 square meters), only 500 square meters (1,653 square meters) shall be purchased.

However, after obtaining a building permit, 260 square meters shall be transferred to the seller.

2. The cost of the partition survey shall be paid by the seller. 3. The cost of the land transfer shall be borne by the buyer.

The Defendant completed the registration of ownership transfer of the instant land before subdivision on May 22, 2013, and completed a building report on the relevant ground on July 29, 2013, and completed a report on modification on April 7, 2014, respectively. The building allocation drawings attached to the building report and the report on modification are as shown in the relevant drawings.

(2) On October 18, 2014, the Plaintiff paid KRW 900,00,00 to H, who referred to as the president of G (hereinafter “G”) who prepared the instant building layout map, as the cost of partition survey on October 29, 2013. However, even until April 17, 2014, the instant land before subdivision was not divided, and upon finding the G office around April 17, 2014, the Plaintiff received the application for land alteration and the result of partition survey (the content is the same as the result of partition survey; hereinafter “the result of partition survey”) from H, and received the application for land alteration and the result of partition survey from H on April 18, 2014.

Pursuant to the result of the instant subdivision survey, the land before the instant subdivision was divided into 1591 square meters and 265 square meters before Kimpo-si, Kimpo-si on April 22, 2014 (hereinafter “instant land”) and 57 square meters before D, respectively.

As to each of the instant lands after subdivision, the Defendant shall respectively exercise the right to collateral security and superficies over 30 years with a maximum debt amount of 309,600,000 won on March 14, 2014, respectively.