1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 14, 2012, the Plaintiff exchanged 760 square meters of the total area of 2,717 square meters (hereinafter “E”) registered in the name of the Plaintiff’s child, and 2,717 square meters of the Gyeonggi-gun, Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do, which was registered in the name of D F (hereinafter “H land”). However, D agreed to newly construct 53 square meters of residential buildings and 14 square meters of a recording room on the ground of H land to transfer its ownership to the Plaintiff.

(hereinafter “instant exchange contract”). (b)

D On June 18, 2012, the Plaintiff completed the registration of ownership transfer on H land and I forest land 826 square meters before partitioning.

C. On November 19, 2012, the Plaintiff completed the registration of ownership transfer of H land E to the Defendant designated by D, while the construction of H land-based buildings was not completed.

On the other hand, on November 21, 2012, D and the Defendant drafted a written agreement on the construction cost agreement to transfer E land to the Defendant instead of paying KRW 300,000,000 for the newly built construction cost of a detached house, such as the land J in Gyeonggi-gu, Gyeonggi-do.

On March 8, 2013, the Defendant divided the land of E into 215 square meters before K and completed the registration of ownership transfer to L on March 8, 2013.

[Reasons for Recognition] Facts without dispute, Gap 1 through 7, Eul 9 (each number is included, and no special indication is made; hereinafter the same shall apply), Eul 1 through 3, and the purport of the whole pleadings

2. The assertion and judgment

A. On August 13, 2013, the Plaintiff’s assertion 1) The instant exchange contract renounced D’s performance of its duty of new construction and transfer of H-ground buildings on its own, and was rescinded on the ground of D’s nonperformance due to failure to perform its duty of repayment of loans secured by H’s land. 2) D shall return the land to the Plaintiff by restitution following the cancellation of the instant exchange contract. The Plaintiff transferred only its ownership to the Defendant upon D’s request, and thus, the Plaintiff is identical with D’s Defendant.