1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) receives KRW 150,000,000 from the Plaintiff (Counterclaim Defendant).

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Facts of recognition

On October 9, 2012, between the Plaintiff, C, and the Defendant, an exchange contract was concluded regarding the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) and the land and unregistered buildings owned by the Defendant (hereinafter “family-gun real estate”).

In accordance with the instant exchange contract, on October 10, 2012, the registration of ownership transfer for the sale of the instant real estate from the Plaintiff on the 9th day of the same month in the future of the Defendant (hereinafter “instant registration of ownership transfer”) was completed on January 8, 2013 with respect to the instant real estate from the Defendant on the 7th day of the same month, respectively, and the said unregistered building was handed over to C around that time.

On the other hand, on June 11, 2012, the Plaintiff completed the registration of the establishment of a mortgage over KRW 150,000,000 on the instant real property, including the debtor, the mortgagee D, the maximum debt amount of KRW 195,00,00,000.

On November 7, 2012, the Defendant rendered an order of KRW 102,00,000 for the debtor, the mortgagee E, the maximum debt amount, and approximately KRW 85,00,00 for the actual secured debt amount, as to the instant real estate on November 7, 2012.

After completion of the registration of the establishment of a neighboring mortgage (hereinafter referred to as the "registration of the establishment of a neighboring mortgage of this case"), the registration of the establishment of a neighboring mortgage of the plaintiff was cancelled.

The Defendant filed a lawsuit against Ku Government District Court 2017Kadan10656, which filed a claim for the cancellation of ownership, and expressed his/her intent to cancel the instant exchange contract due to C's deception.

On December 20, 2018, the above court accepted the defendant's assertion, and on December 20, 2018, "C" received from the defendant each procedure for the registration of the ownership transfer of the instant real estate and the registration of the cancellation of the establishment registration of the neighboring land of this case, and simultaneously received the defendant each land located in Pyeongtaek-gun.