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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In around 2002, the Plaintiff: (a) purchased a parcel of land from the Non-Party Korea Land Development Corporation (hereinafter “Plaintiff’s exchange real estate”); and (b) completed the sale price in full, but did not complete the registration of transfer of ownership.
B. The Defendant owned 4 stores (10 to 13) located on one floor (hereinafter collectively collectively referred to as “Defendant’s exchange real estate”) among the sale of 2nd floor of reinforced concrete structure E in Silung-si and neighborhood living facilities.
C. On August 22, 2009, the Plaintiff’s agent Nonparty F and the Defendant concluded a contract with the Plaintiff to exchange the Plaintiff’s exchanged real estate with the Defendant’s exchange real estate:
(hereinafter “Exchange Agreement”): Exchange balance: Payment on September 18, 2009.
A (Plaintiff) and B (Defendant) shall, at the same time as the balance of the exchange difference is received, transfer all the documents required for the registration of the transfer of ownership to the other party, and exchange all the documents on the date of the exchange of goods and deliver real estate A and B, respectively.
(1) Articles A and B shall be sold from the land development project to B.
(2) Defects (loans and monthly rent deposits) to B shall be succeeded by A.
(3) Taxes, electricity, water supply, public charges, etc. on goods B shall be settled and transferred until any balance.
(4) Defects entered in the public register (e.g., seizure, creation, and others) shall be cancelled or cancelled until any balance arises.
According to the instant exchange contract, on September 11, 2009, the Plaintiff’s exchanged real estate was registered from the Korea Land Development Corporation on February 10, 2003 in the name of the Defendant as the cause for registration, and the registration of transfer of ownership was completed. The Defendant’s exchanged real estate was registered as the cause for registration on September 15, 2009 in the name of the Defendant, and each transfer of ownership was completed in the name of the Plaintiff.
E. The registration of ownership transfer in the name of the defendant has been completed with respect to the exchanged real estate owned by the plaintiff.