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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. The Defendant had been 17,474 square meters of H-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Siljin-si. However, on May 22, 2003, the registration conversion and division I forest land was 17,249 square meters, and on January 1, 2012, the change of the name of the administrative district was currently changed.
Of forest land 17,249 square meters, 8,232/17,474 shares (hereinafter the above land is referred to as “instant land” and the Defendant’s shares are owners of the instant land shares.
B. On December 13, 201, in the capacity of Nonparty D’s agent, the Plaintiff and E entered into an exchange contract with the Defendant on the following terms: (a) the Plaintiff and E exchanged all business rights, such as the site, buildings, and other facility rights of G hotel located in Gangnam-si, D, and the instant land shares owned by the Defendant; (b) but (c) D entered into an exchange contract with the Defendant to pay an additional amount of KRW 400 million for the difference of the appraisal amount
C. After that, on September 6, 2012, the Plaintiff agreed with the Defendant to reverse the exchange contract as of December 13, 201, and concluded a sales contract to purchase the instant land shares with the Defendant for KRW 1.25 billion.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, Eul evidence 3-3, the purport of the whole pleadings
2. Determination:
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to implement the registration procedure for transfer of ownership on the instant land shares to the Plaintiff on September 6, 2012, barring any special circumstance.
B. The Defendant’s argument regarding the instant land shares is alleged to be null and void by agreement between the Plaintiff and the Defendant. As such, in full view of the purport of the entire pleadings, the Plaintiff entered into a sales contract with the Defendant on April 26, 2013 with respect to the instant land shares at KRW 1.25 billion, and the down payment amount is paid at the time of the contract, and the remainder is paid at KRW 1.155 million until July 15, 2013.