1. The Defendant (Counterclaim Plaintiff) is the Seoul Northern District Court regarding the real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “the instant real estate”) owned by the deceased C, the registration of the establishment of chonsegwon (hereinafter “registration of chonsegwon”) was completed on December 18, 1995 with the Seoul Northern District Court’s Dobong District Court’s receipt of No. 83099 on December 18, 1995, with respect to the lease contract on December 18, 1995, the lease contract on a deposit basis, the deposit money of KRW 40 million on a deposit basis, the term of existence, and the return period on November 30, 1996; and the lease on a deposit basis (hereinafter “registration of lease on a deposit basis”).

B. On November 14, 2012, the registration of the transfer of the Plaintiff’s ownership in the name of the Seoul Northern District Court (Seoul Northern District Court Decision 73951, Oct. 15, 2012) was completed on November 14, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion (1) The registration of the establishment of the right to lease on a deposit basis of this case is to secure the Defendant’s obligation to pay 20 million won to the Defendant of the deceased C’s friendship D, and is null and void since the Defendant registered as a person having a right to lease on a deposit basis for the right to lease on a deposit basis without intent to use or make profits from the instant real estate, and (2)

Even if the above registration is guaranteed, the obligation is due to the duration of chonsegwon, and all secured obligation was extinguished due to D’s repayment, and even if the obligation was not repaid, the ten-year extinctive prescription has expired, so the Defendant is liable to implement the registration procedure for cancellation of the right of lease on a deposit basis to the Plaintiff.

B. There is no dispute between the parties that the instant chonsegwon was established for the purpose of securing the Defendant’s claim, and chonsegwon is possible to take the name of the person having chonsegwon and the third party, if there is an agreement between the person having chonsegwon and the settlor of chonsegwon and the third party as well as to secure the claim for the return of the deposit for lease based on the lease agreement.