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1. The Plaintiff (Counterclaim Defendant)’s claim on the instant principal lawsuit and the Defendant (Counterclaim Plaintiff)’s claim on the instant counterclaim are dismissed.
Reasons
1. Basic facts
A. The Republic of Korea completed the registration of initial ownership on December 29, 1965 with respect to the land of 92,618 square meters in Chungcheongnam-gun, Chungcheongbuk-gun (hereinafter “instant land”), D road 3,308 square meters, E road 57 square meters in size, F road 25 square meters in size, G forest 39 square meters in size, G forest 39 square meters in size, H forest 1,461 square meters in size (the land category of G and H land was changed from forest land to road on November 4, 2009; hereinafter “each of the instant land”).
Since then, the petitioner group completed the registration of ownership transfer on August 3, 2005 on the above G and H land due to the acquisition of the public land on August 2, 2005.
B. On January 14, 2013, I represented by I, J, K, L, and M (hereinafter “I”) and the Defendant entered into a trade promise with the effect that “I, etc., if I, etc., prevails in a lawsuit claiming the performance of the procedure for registration of preservation of ownership and cancellation of transfer registration of ownership as described in the foregoing paragraph A against the Republic of Korea and the petitioner group, I, etc., sell each of the instant lands to the Defendant at KRW 250 million.”
C. I et al., on January 28, 2013, against the Republic of Korea and the petitioner group under the Seoul Central District Court Order 2013da22698
On June 13, 2013, the above judgment became final and conclusive on June 28, 2013.
On June 7, 2013, the Defendant concluded a sales contract with N on June 7, 2013 that sells each of the instant land to the Plaintiff 700 million won.
(hereinafter “instant sales contract”). The Plaintiff paid the Defendant the down payment of KRW 50 million on the date of the contract, and the first intermediate payment of KRW 100 million on June 13, 2013, and the second intermediate payment of KRW 250 million on June 28, 2013.
The special agreement provides that "300 million won shall be paid within 10 days from the date of confirmation of the lawsuit mentioned in paragraph (c) above. The seller (the defendant) shall deliver the documents for transfer of name from the heir (I et al.) to the simultaneous performance."