소유권말소등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for the acceptance of the judgment of the court of first instance are the reasons for the judgment of the court of first instance, except for the dismissal or addition as follows, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The part of the judgment of the court of first instance to be dried or added is as follows: “I do not divide each land after the lapse of the period,” “I do not divide each land which is subject to prior performance after the lapse of the period.”
The following judgments shall be added to 4th page 4 of the first instance judgment.
Now, the Plaintiff asserts that the Defendant would first refuse to perform the instant exchange contract by executing a retaining wall construction work on the object of the instant exchange contract before filing the instant lawsuit, and at the same time, the Plaintiff’s assertion that the said exchange contract was delayed. However, in full view of the purport of the argument in the statement No. 12, the Defendant was deemed to have commenced construction work after filing a report on the construction of retaining wall with the Myeon office on September 27, 2017, which was after filing the instant lawsuit. Furthermore, even if the Defendant commenced part of the retaining wall construction before filing the lawsuit, even if the time of filing the instant lawsuit, which was two months after July 18, 2017, which was the execution date of the instant exchange contract, even if the Plaintiff did not perform the survey and division of the land subject to the instant exchange contract, the Plaintiff cannot be deemed to have interfered with the recognition of the Plaintiff’s failure to perform the survey and division of the land subject to the instant exchange contract by reason of the Plaintiff, with the evidence No. 15, No. 11, No. 2, “No. 97,” and evidence No. 97, respectively,”
On the 6th page of the first instance judgment, the following facts of fact shall be added to the second instance judgment.
No. 4. The Plaintiff voluntarily removes any greenhouse on the land of 50m2, which is claimed to have exceeded the sold portion, and the Defendant’s land.