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1. The defendant shall pay 53,312,400 won to the plaintiff and 15% per annum from April 1, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. On September 7, 2011, the Plaintiff and the Defendant entered into an exchange contract with C, the Plaintiff and the Defendant have the right to claim ownership transfer registration by entering into an ownership transfer contract with C, but the ownership transfer registration is completed in the name of C (hereinafter referred to as “real estate exchanged with the Plaintiff”).
(ii)15 No. 115 (hereinafter referred to as "the defendant exchange building") shall be the E-building at Silung-si where ownership transfer registration has been completed in the name of D.
2) Of the 6,545 square meters of F forest land in Yannam-gun and Yannam-gun, 1/2 shares (hereinafter “Defendant exchange forest”).
(2) The term “instant exchange contract” is called as the term “instant exchange contract.”
(2) The assessed value of the Plaintiff’s exchanged real estate between the Plaintiff and the Defendant was KRW 180 million, excluding the actual loan amount of KRW 230 million, and the Defendant’s exchanged forest was KRW 5 million.
B. On November 17, 2011, under the instant exchange contract, the Defendant only performed the procedure for the registration of ownership transfer of forest land in exchange for the Plaintiff, despite having been implementing the procedure for the registration of ownership transfer by C on the Plaintiff’s real estate exchanged, but did not perform the procedure for the registration of ownership transfer of the building in exchange for the Defendant, and operated the instant exchange contract on August 28, 2013. (2) The Plaintiff notified the Defendant of the cancellation of the instant exchange contract on the ground that on August 28, 2013, the Plaintiff did not perform the obligation to transfer ownership of the building in exchange for the Defendant, and this was reached to the Defendant on August 30, 2013, and thereafter, the copy of the written complaint dated September 16, 2013, including the Plaintiff’s declaration of intention to cancel the instant exchange contract, reached the Defendant on September 30, 2013.
C. The Plaintiff filed a lawsuit against the Defendant on the following grounds: (a) the Seoul Northern District Court 2013Kahap6296, Seoul Northern District Court 2013Gahap6296, and (b) the court of first instance rendered a lawsuit on July 9, 2014 for the following reasons: “Defendant shall be the Plaintiff 175,000.”