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(영문) 춘천지방법원 2015.04.08 2013가단12054
토지소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the pleadings as a result of the inquiry into the head of the Hongcheon Military Branch of the Korea Intellectual Property Corporation in Hongcheon-do and the head of the Korea Intellectual Property Corporation in this Court, and the purport of the entire pleadings. A. The following facts may be acknowledged by taking account of the following facts: Gap's evidence Nos. 1, 3, 9, 23, 2, 4-1, 2, 18-1, 24-1, 24-2, 1, 9, 13, and 22-2.

On July 30, 2012, the Plaintiff entered into an exchange contract with the Defendants to exchange the Plaintiff’s land and the Defendants’ land (hereinafter “instant exchange contract”). The drawings bound by the instant exchange contract are the attached Form 2 drawings.

B. Details of the instant exchange contract

1. An exchange of 1,00 square meters (i.e. the portion indicated on the provisional partition map) out of 19,571 square meters of forest land in Hongcheon-gun, Hongcheon-gun, the Plaintiff owned by the Plaintiff and 196 square meters of 5,114 square meters of the total amount of 19,571 square meters of the total amount of forest land (the portion indicated on the provisional partition map) and

2. The exchange of this land shall be limited to a provisional exchange, and no money or other delivery in connection with the exchange between the plaintiff and the defendants shall be made.

5. The plaintiff and the defendants shall prepare a land exchange contract in addition to this contract and deliver it to each other as other necessary documents at the time of filing an application for ownership transfer registration.

10. This contract promises that the plaintiff and the defendants shall not be in good faith. If either the plaintiff and the defendants have suffered losses from the other party due to a breach of contract, they may demand the other party to pay the amount of compensation, and the weak person should not comply with the compensation without any objection.

Attachment: Matters subject to a special agreement under a land exchange contract shall be subject to separate attached documents (the same shall apply to the matters specified in the attached special agreement; hereinafter referred to as "the special agreement in this case"), and the matters of mutual conflict between the main contract and the special agreement

C. The contents of the instant special agreement are as stated in the attached special agreement.

The Defendants are the Defendants.

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