건물등철거
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 20, 2010, the Plaintiff purchased each real estate listed in [Attachment List 1-5] from D and completed the registration of ownership transfer in the name of the Plaintiff on April 27, 2010. The Defendant is the owner of each real estate listed in [Attachment List 6-8].
B. However, the Plaintiff owned a building that was unregistered in part of the E land before the partition owned by the Defendant, and the Defendant owned the instant building that was unregistered in part of the F land before the partition owned by the Plaintiff.
C. Accordingly, the Plaintiff and the Defendant concluded a contract for the transfer and acquisition of real estate (hereinafter “instant exchange contract”) with the following content after dividing the part of the land on which the other party’s unregistered building exists, among the land of each party.
In addition, it is expected that the difference in the area of the land exchanged between the parties will be 15 square meters, and that the defendant would bring more area to the plaintiff, who is expected to pay the plaintiff KRW 3 million (=200,000 won x 15 square), KRW 1.5 million out of the total amount of KRW 3 million (200,000 x 1.5 square meters) and
1. The Plaintiff shall transfer part of the F land owned by the Plaintiff to the Defendant.
2. The defendant shall transfer part of the E land owned by the defendant to the plaintiff.
4. The plaintiff and the defendant shall perform their obligations within one year from the date of the contract, such as land division surveys and changes in cadastral map. If the contract does not perform the promise, the penalty shall be paid, the land shall be restored to its original state and transferred to the other party.
6. The transfer and acquisition of land shall, in principle, be one-day exchange, and the land whose use, value, etc. are to be considered and whose difference is to be changed shall be liquidated in cash by converting it into flat.
7. The value of land shall be 200,000 won per square meter.
8. Penalty shall be determined as 50 million won; and
According to the instant exchange contract, the land division survey and the cadastral map change are as follows: F. of the existing Gyeongbuk-gun on January 2, 2017.