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(영문) 대전지방법원 2018.12.18 2018나101879
소유권이전등기
Text

1. The plaintiff's appeal and the main claim that the court changed in exchange are all dismissed.

2. Action.

Reasons

Basic Facts

Around June 27, 2003, the Defendant and C entered into an exchange contract with the content that the land located in the Dong-dong, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu (hereinafter referred to as the “Dong-dong land”) had been owned by the Defendant was to exchange the land of 843 square meters (hereinafter referred to as the “instant exchange contract”) prior to F, 391 square meters, G forest and 1,076 square meters, and H prior to H owned by C (hereinafter referred to as the “instant exchange contract”).

In accordance with the instant exchange contract, on July 23, 2003, the Defendant completed each registration of ownership transfer with respect to the area of 1,150 square meters prior to H, and on the area of 843 square meters prior to D, 391 square meters prior to F, and 1,076 square meters in G forest.

G around February 16, 2005, a forest land of 1,076 square meters was subject to registration conversion into 1,140 square meters for I forest land, and 256 square meters among them was divided into J, and 272 square meters into K.

D The land category was changed to forest land on February 13, 2004 with respect to 843 square meters prior to D, and around February 16, 2005, the said I forest land was combined with 612 square meters, and on December 21, 2005, it was divided into L on December 21, 2005.

On July 23, 2008, the land category of L 561 square meters was changed to a site around July 23, 2008.

The Defendant and C, around August 21, 2008, rescinded the part concerning Land 561 square meters (hereinafter “instant land subject to cancellation of the agreement”) under the instant exchange agreement, and cancelled the registration of ownership transfer of C with respect to the said real estate on August 22, 2008.

On the other hand, since around 2005, the defendant has been running the E-dong housing site development project by using M Co., Ltd. (hereinafter “M”) as a executor.

The Defendant transferred the ownership of E-dong land located in E-dong, a development area, to M from around 2006 to 2009, and completed the registration of ownership transfer on April 15, 2009 with respect to N forest land 890 square meters (hereinafter “instant forest land”) in M on April 13, 2009.

However, the above housing site development project was unpaid due to M's default.

On February 6, 2012, neighboring real estate lots, including the above real estate, were sold to the O at a voluntary auction, and on February 8, 2012, the registration of transfer of ownership was completed in the name of O on the instant forest land.

C around June 2017, the Plaintiff, and “the instant exchange contract with the Defendant,” in the instant exchange contract.

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