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1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Exchange contract 1) C between the Defendant and C is a place where each real estate listed in the separate sheet, which is owned by C on February 3, 2009, (hereinafter “Drata”).
hereinafter referred to as “instant real estate”
) The place where accommodation business was conducted with the trade name of No. 401 (Felel) of the 4th E, Ansan-si, the Defendant-owned.
hereinafter referred to as “Felel”
(2) The lower court determined that the Plaintiff’s forest 22,909 square meters (hereinafter “chilling land”) located in the G-gun, Gangwon-do.
2) The agreement to exchange each other (hereinafter “instant exchange agreement”)
(2) The Defendant succeeded to the repayment obligation of the deposit related to the service, such as verbal, store, and credit, located on the instant real estate, which is located in the instant real estate, as well as the amount of KRW 410 million, which was set up in the instant real estate, and made the Defendant liable prior to the outstanding payment date and cancelled the loan amount of KRW 800,000,000,000,000,000,000,000,000,000,000,000,000,000,000).
3) On February 3, 2009, C paid to the Defendant a down payment of KRW 10 million, and the intermediate payment of KRW 20 million on February 11, 2009. However, on April 2, 2009, C transferred the instant real estate to the Defendant on April 2, 2009, upon additional payment of KRW 30 million in exchange to the Defendant on April 3, 2009, C paid KRW 60 million in exchange. On May 13, 2009, the Defendant had completed the registration of ownership transfer claim regarding the instant real estate at the Defendant’s future.
5) C completed the registration of ownership transfer on April 6, 2009. The existing mortgagee completed the registration of ownership transfer on the Felur. The auction procedure was initiated on September 29, 2009 with the issuance of a decision to commence voluntary auction on September 29, 2009. On January 20, 2011, I et al. completed the registration of ownership transfer on April 2, 2009. The Defendant completed the registration of ownership transfer from C on April 2, 2009.