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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.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where "the fourth '3.' judgment of the court of first instance is used as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary Use]
A. The "sale and purchase" as stipulated in Article 574 of the Civil Act refers to the case where the parties set the price based on the volume at the time that the specific goods, which are the object of the sale, have a certain quantity. Thus, even if the object was specified according to the area on the registry, in the sale and purchase of land, if the party assessed the designated area as a whole even if it was based on the area on the registry, and it was merely a single standard, and it is deemed that it was a means to specify the subject land between the parties and determine the price thereof, it cannot be deemed a sale and purchase designated by the volume (see, e.g., Supreme Court Decision 2002Da65189, Jan. 24, 2003). This also applies to an exchange contract.
B. In full view of the facts acknowledged earlier and the aforementioned evidence, the Plaintiff’s claim is rejected, given that it is difficult to view the instant contract as an exchange contract with a designated quantity and there is no other evidence to acknowledge it, inasmuch as it is difficult to view it as an exchange contract with a designated quantity and there is no other evidence to acknowledge it.
1) The Defendant sent an official door to the instant office for the conclusion of the instant contract. The said official door attached a drawing indicating military maintenance in a national park, but did not specify the land subject to exchange. On November 6, 2010, the instant office sent a reply to the said official document and demanded that five parcels, other than the instant land during military maintenance, be included in the exchange subject. (2) The instant land should be included in the exchange subject.