소유권이전등기말소등기 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. On March 4, 2013, the Plaintiff exchanged Defendant D and the Plaintiff’s instant real estate and Hongcheon-gun E, Hongcheon-gun, G, and H ground oil station. In addition, Defendant D established an agricultural partnership in the Plaintiff’s name, and Defendant D provided the Plaintiff with 30,00 ppuri of mountain ginseng (agred ginseng) cultivated in the JJ group of Gangwon-do, and Defendant D succeeded to 1.2 billion won of the instant real estate, and entered into a real estate exchange agreement with the Plaintiff with the purport to succeed to 692 million won of the amount of debt, such as loans related to the said IS station.
Since then, the Plaintiff and Defendant D entered into each contract to change the exchange subject matter provided by Defendant D through four times as follows:
(hereinafter referred to as “the instant exchange contract”) as of March 20, 2014: The first modified contract as of March 20, 2014 (hereinafter collectively referred to as “the instant exchange contract”): The first modified contract as of April 13, 2014, in Yananan-si, Kanan-si, Man-si, Man-si, Man-si, Man-ri, Man-ri, Man-ri 40,00 puriririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririri 110 (loan 640,000 million won succeeded by the Plaintiff) on November 3, 2014.
B. After the conclusion of the instant exchange contract, the Defendants completed each registration of ownership transfer as stated in the purport of the claim regarding the instant real estate.
[Ground of recognition] Facts without dispute, Gap 1, 4, 6, 8, 9 evidence, Eul 4, 11 evidence (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of action
A. At the time of entering into the instant exchange contract, Defendant D stated that each real estate and mountain ginseng, etc. presented by Defendant D to the Plaintiff at the time of entering into the instant exchange contract are equivalent to the exchange value of the instant real estate; Defendant D owned a large amount of mountain ginseng cultivation farm and a mountain ginseng of KRW 6-7 years and KRW 10,000,000, and was able to impose money on the Plaintiff only by planting mountain ginseng sales and mountain ginseng seeds to mountain.