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Reasons
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(영문) 광주고등법원(전주) 2015.12.03 2015나781
가등기말소
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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. The Plaintiff owned each real estate listed in the separate sheet 1) on September 5, 2002, and 3 through 6 real estate listed in the separate sheet 3 through 6 real estate (hereinafter “instant land”).

(2) On September 27, 2007, Defendant B completed the registration of ownership transfer (No. 59239, Dec. 27, 2007, 2007, No. 59239, Dec. 27, 2007) with respect to the registration of ownership transfer on the ground of sale on September 4, 2002 (Cheongju District Court Audio District Court Audio Registry No. 18497, Sept. 5, 2002). Defendant B completed the registration of ownership transfer on the ground of sale (No. 59239, Dec. 27, 2007, 2007, No. 1 and 2 real estate listed in the separate sheet (hereinafter collectively referred to as “instant hotel”).

3) On the instant land, the maximum debt amount of KRW 900 million, the registration of creation of a mortgage (Cheongju District Court, Cheongju District Court, No. 31489, Oct. 21, 2008) and the registration of creation of superficies (No. 31490, Oct. 21, 2008) were completed on the instant land, respectively, the registration of creation of a mortgage (No. 2470,000 won, the maximum debt amount of the instant hotel, the debtor B, the defendant B, and the fisheries cooperative located in the Ministry of Security and Security, which was located on May 8, 2013, and the registration of creation of a mortgage (No. 22745, May 28, 2013, the first contract was concluded) and the defendant B entered into a contract to exchange the instant land with the instant land as follows: the amount of KRW 10,000,000,000,000,000,00.

2. The appraised value of the hotel in this case: 2.7 billion won, the amount of the obligation to succeed: 1.9 billion won, the net value: 80 million won.

3. In the exchange of the above real estate, the defendant B is entitled to the difference in the net value of the exchanged goods to the plaintiff as follows.

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