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(영문) 춘천지방법원원주지원 2017.06.27 2015가단6325
손해배상금 등
Text

1. The Defendant’s KRW 2,344,813 as well as the Plaintiff’s annual rate of 5% from October 22, 2015 to June 27, 2017, and the following.

Reasons

With respect to a claim based on the Plaintiff’s exchange contract, the Plaintiff’s assertion 1) was made on August 9, 2013 and October 13, 2013: (a) the Plaintiff connected the Defendant and the Plaintiff each point of (A) No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 of the Map No. 1, 5, 6, 7, 8, and 1, which are owned by the Plaintiff; and (b) the part (C) connected with the Defendant’s 83m2 of the Gangseo-gun, Gangwon-gun, which is the 83m2 square meters of a map No. 2, 4,5, 6, 7, and 4 of a map No. 19 and 4014m square meters prior to E. 4014m square meters; and (c) the part of the instant land is indicated in the same method as the land “C” of the instant case; and (c) the same shall be indicated in the attached Form No. 2.

(2) The Defendant is obligated to implement the procedure for ownership transfer registration on the instant land (C) and (D) as well as to implement the procedure for ownership transfer registration on the instant land (C) and (D) on the instant land by the Plaintiff on the date of completing new buildings on the instant land.

Judgment

1) Although the Defendant alleged that Gap evidence Nos. 3 through 5 was forged, there is no evidence to acknowledge it. The evidence Nos. 15, 18, 19, 20, 28, 30, 35 (including a serial number; hereinafter the same shall apply) is included.

According to the purport of each of the entries and arguments, the Plaintiff and the Defendant’s neighbors stated that an exchange contract was concluded on part of the instant G land owned by the Defendant and part of the instant E and D land owned by the Defendant, which was not yet divided on October 13, 2013 between the Plaintiff and the Defendant, and that the Plaintiff divided the instant G land and completed the subdivision registration on the instant land around November, 2013, when the period of time has not elapsed since October 13, 2013. The Defendant partially completed the subdivision registration on the instant land.

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