1. The Defendant (Counterclaim Plaintiff) received KRW 313,898,987 from the Plaintiff (Counterclaim Defendant) simultaneously.

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On September 14, 2004, the Plaintiff entered into an agreement with the Defendant (hereinafter “instant title trust agreement”) with the Defendant to trust the name of registration of the factory and the office building (hereinafter collectively referred to as “uncheon-si Factory”) on the land of Bupyeong-gu Seoul Metropolitan Government C (Road Name Address: Seocheon-si D) site of 729m29m2 and its ground reinforced concrete slabbropo, its ground reinforced concrete slab roof. On the same day, the Plaintiff completed the registration of ownership transfer for the factory in Bupyeong-si on the same day.

B. On February 27, 2004, the Plaintiff had completed the registration of ownership transfer with respect to the sub-City factory prior to the completion of the registration of ownership transfer to the Defendant, the registration of the establishment of a neighboring mortgage (hereinafter “the instant first mortgage”) that was made by the mortgagee E Bank Co., Ltd. (hereinafter “E Bank”), the maximum debt amount of KRW 504,000,000, and the debtor’s establishment of a neighboring mortgage that was made by the Plaintiff to the Plaintiff was completed. However, on February 28, 2005, the debtor was changed to the Defendant by contract acceptance

C. On October 26, 2007, the Plaintiff completed on October 26, 2007, the registration of creation of a mortgage (hereinafter “the second mortgage”) against the obligor’s Defendant, with respect to the non-City factory. D. The Plaintiff completed the registration of creation of a mortgage (hereinafter “the second mortgage”).

On December 22, 2011, the Defendant completed the registration of the establishment of a mortgage (hereinafter “instant third-party mortgage”) with respect to the secondary factory with E Bank, the E Bank, the maximum debt amount of KRW 576,00,000, the debtor’s establishment of a mortgage (hereinafter “instant third-party mortgage”), and ② on February 17, 2012, the E Bank, the E Bank, the maximum debt amount of KRW 120,000,000, the debtor’s establishment of a mortgage (hereinafter “instant fourth-party mortgage”) with respect to the Defendant’s establishment of a mortgage (hereinafter “instant fourth-party mortgage”). As can be seen, the Defendant used 580,000,000 won.

E. In the event of delinquency in the debt of the loan, which is the secured debt of the establishment registration of the first or fourth neighboring mortgage, the E Bank filed an application for voluntary auction on July 6, 2016 with the Incheon District Court Branch Branch of the Busan District Court for its factory.