채무부존재확인
1. There is no liability for the Plaintiff’s transfer of equity in the Daegu-gu Incheon-gu 620 square meters to the Defendant.
1. Basic facts
A. D and the Defendant’s attached E purchased H 1008 square meters from F and G around 1965 (hereinafter “instant land prior to the instant land substitution”), and completed the registration of ownership transfer on the grounds of each share transfer. On November 1, 1967, the K District Gyeong-gu Special Metropolitan City (hereinafter “instant project”), including the said land, began with respect to the land located in the IMO-gu Special Self-Governing Province (hereinafter “instant project”), and the said land was replaced by C620 square meters (hereinafter “instant land”) and L 334 square meters around 1968.
B. The “division” column for the land substitution in the land substitution plan submitted to the head of the Seocho-gu Office, the project implementer of the instant project, around 1968, includes the names of “D and E”. However, the “name” column on the right side of the said land is written with the names of “D and Plaintiff’s Ma.”
In addition, the name of "D and M" is written in the name column of written consent for the replotting plan submitted to the head of the Seocho-gu.
C. On August 11, 1972, M and D stated that the land in this case was substituted by a substitute, and on the payment of the registration of the land in this case, M’s portion of E 1/2 was exchanged on November 4, 1976, and M’s ownership transfer registration was made to N on the ground of exchange on November 4, 1976.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1 to 9, the purport of the whole pleadings
2. The assertion and judgment
A. (1) The Plaintiff’s assertion by the parties (1) did not purchase the instant land from E, the father of the Defendant, but forged the instant land substitution plan and land substitution plan and written consent thereto against his will, thereby infringing on the ownership of the instant land. The Plaintiff participated in it, thereby seeking payment of KRW 100 million as compensation for tort.
(2) After the Plaintiff’s assertion was registered in M’s name, the ownership transfer registration has been made in N.