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(영문) 부산지방법원동부지원 2019.10.30 2018가합105087

원상회복 청구

Text

1. Defendant D Co., Ltd.:

A. As to each real estate listed in [Attachment 1] to 3] list

Reasons

1. Basic facts

A. On February 7, 2017, E representing the Plaintiff entered into a real estate exchange contract (hereinafter “instant exchange contract”) with Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”).

At the same time, each sales contract for the transfer of ownership of real estate under the instant exchange contract was also prepared.

(The date of the preparation of the instant exchange contract and each of the above sales contracts was retrospectively drawn up on January 18, 2017). The purpose of Article 1 is to conclude an exchange contract with one another for real estate and real estate of Party B (Defendant B and C) and to provide for matters related thereto.

Article 2. Exchangeed Real Estate A

1. There is no dispute between the Parties that the parts above the contract form for racing F, G, H, I, and J are included in the four-story accommodation facilities and two-story buildings of single house (AYdong, AZ) on the 4th anniversary of the fact that it is included in the exchange real estate, and that it is included in the exchange real estate;

K

2. Musan L shop M, N,O, P, Q, R, S, Tho Lake, and U;

3. Masan Vtel W, X-ho, and Y (each real estate listed in attached Table 1, 2, and 3).

4. Real estate of the undergroundAA and the underground ABho (each of the real estate listed in the Schedule 4 and 5 of attached Table 1) of the facilities adjacent to the Msan Z;

1. AC, AD, AE, AF, AG, AH, AI, AJ, AK, AL, AM (each real estate listed in attached Tables 1 through 10 and 3);

2. Exchange methods under Article 3 of the Act on Exchange of Article 3 of the Act on Exchange of Goods, AW (each of the real estates listed in attached Table 11 through 20 of the attached Table 2) in the Gyeong-dong, Gyeongnam-gun, AO, AP, Q, AR, AS, AT, AU

1. A’s real estate shall be calculated as KRW 4 billion in total amount; and

(Loan 1.5 billion won Succession) 2. The real estate of B shall be calculated as the total daily amount of KRW 2.5 billion.

3.B will pay the full amount of KRW 760 million and interest of KRW 760,00,000,000 before acquiring the real estate equivalent to KRW 12,00,00,00 among the real estate A of Article 2 exchangeed real estate B.

4.