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(영문) 춘천지방법원 2016.12.16 2015나2113

토지소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 30, 2012, the Plaintiff entered into an exchange contract with the Defendants (hereinafter “instant exchange contract”) with the following terms and conditions, and the main contents thereof are as follows:

Article 1 of the Land Exchange Agreement between the Defendants and the Plaintiff shall exchange the attached Defendants’ goods and the Plaintiff’s goods.

Article 2. The exchange of this land shall be temporary exchange, and no money or other valuables shall be given or received in connection with the exchange between the Defendants and the Plaintiff.

Article 5. The Defendants and the Plaintiff shall prepare a land exchange contract document in addition to this contract and deliver it to the other party as well as other necessary documents at the new Si of ownership transfer registration.

Article 10 of this Agreement stipulates that the Defendants, the Plaintiff, and either of the Defendants, and the Plaintiff, agree not to act in good faith. If either the Defendants or the Plaintiff, either of them, incurred a loss to the other party by acting in good faith, the amount of the damages may be demanded to the other party, and the weak person shall be liable to the other party without any objection.

Attachment: The special agreement under the land exchange contract shall be based on a separate attachment document, and the special agreement to be attached to the main contract shall take precedence in application of the special agreement (hereinafter referred to as “instant special agreement”).

Meanwhile, the instant exchange contract is accompanied by the indication of the land subject to exchange in the attached Form, the special terms and conditions, and the provisional division. Among them, the Defendants’ land indicated the land subject to exchange as “the portion indicated on the provisional division map among Hongcheon-gun E” and the Plaintiff’s land indicated as “the part indicated on the provisional division map among the forest land in this case”. The Plaintiff’s land indicated as “the part indicated on the provisional division map among the forest land in this case.”

B. The main contents of the instant special agreement attached to the instant exchange agreement are as follows.

The Defendants and the Plaintiff’s special terms and conditions under the “A” contract

1. The exchanged land area is the defendants = the plaintiff.