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1. The Plaintiff:
A. As to Defendant B’s KRW 46,229,010 and KRW 5,000 among them, Defendant B shall be KRW 41,229,010 from January 19, 2014 to KRW 41,229,010.
Reasons
1. Facts of recognition;
A. On September 3, 2012, the Plaintiff entered into an exchange agreement with Defendant B (hereinafter “instant exchange agreement”) with the owner who was the owner of 542 square meters square meters (F land) located between the said land and the public road, in order to construct four units of housing on the land of 4,944 square meters on the land of Hong-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun, Seoul, a Maz., which was a Maz. (hereinafter “F land”).
The main contents are as follows:
Land Exchange Contract
1. E owned by the Plaintiff is to ensure that the boundary point of past and forest land used as dry field from F is parallel to F at the top point, and the other division line is to connect the above top point of G in the annexed cadastral map with a straight line, and the size measured and emitted from it is to the Defendant B without setting in advance.
2. In order to avoid the debate as referred to in paragraphs (1) and (2) above, a provisional partition shall be attached, and the survey expenses shall be borne by the Plaintiff.
3. The consent of the Plaintiff to use 21 square meters near H ditches adjacent to F and the consent of the land use shall take effect from the time when the transfer of ownership in the land as referred to in paragraph (1) is completed.
5. The plaintiff and the defendant shall exchange with a temporary payment of five million won with a written consent to land use.
B. On September 27, 2012, the day after the conclusion of the instant exchange contract, the Plaintiff: (a) registered the number of 4,944m2 in Hong-gun, Hongsung-gun, Hongsung-gun, as I; and (b) divided the J-gun, J-gun, 317m2 (hereinafter “J land”) from the said I land on October 4, 2012.
(F) On October 15, 2012, the Plaintiff completed the registration of ownership transfer on the land J on September 26, 2012 with respect to the land owned by Defendant B, and around that time, paid KRW 5 million to Defendant B.
C. On November 2012, Defendant B connected each point of the Plaintiff’s letter of consent to use in accordance with the instant exchange contract, among F land, indicated in attached Form 1, 8, 9, 10, 10, and 1, in sequence.