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1. The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:
The plaintiff's claim.
Reasons
1. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance, and thus, citing this part in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. According to the reasoning of Gap evidence Nos. 3 and 17 (including the provisional number) and the purport of the whole pleadings as to the cause of the claim, the exchange amount at the time of the exchange contract of this case is calculated on the premise that the defendant takes over the obligation to return the lease deposit of the above real estate in consideration of the total amount of the lease deposit under several lease agreements on the 2 real estate listed in the separate sheet as indicated in the separate sheet. The fact that the total amount of the lease deposit was at KRW 1,041,00,000 at the time of the conclusion of the exchange contract of this case and at KRW 1,00,00
In full view of these circumstances and the above facts, it is reasonable to deem that the exchange difference that the Plaintiff shall pay to the Defendant under the exchange contract of this case has been reduced to KRW 13,000,000,000.
Therefore, barring any special circumstance, the Defendant receives KRW 13,00,000, the exchange difference of which is KRW 13,000 from the Plaintiff according to the instant exchange contract, and, at the same time, receives the registration procedure for transfer of ownership on July 9, 201 for the real estate indicated in the separate sheet 1 and 2, is obligated to implement the registration procedure for transfer of ownership based on the exchange contract on July 9, 201 for the Plaintiff.
3. Judgment on the defendant's defenses to cancel the agreement
A. The reason why the court should explain this part of whether the exchange contract of this case was rescinded or not is rescinded is the same as that of the part No. 4, No. 11, and No. 6, and No. 15 of the judgment of the court of first instance.
B. The rescission of the agreement as to whether the instant exchange contract has been implicitly rescinded is not only explicitly but also both parties.