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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The relation between the ownership of the relevant land and buildings JHD L1) the Jongno-gu Seoul Metropolitan Government D 60.8 square meters and the F 49.6 square meters is adjacent to the cadastral map below. 2) C purchased Jongno-gu Seoul Metropolitan Government D 60.8 square meters on December 23, 1987 and completed the registration of ownership transfer on December 30, 1987 by selling the above land and buildings to the Plaintiff on August 31, 1994, and completed the registration of ownership transfer in the future of the Plaintiff on October 31, 1994.
3) On May 12, 1998, the Plaintiff between the Defendant and the Defendant, as well as Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government F 49.6С and its ground wooden fixtures and 39.67С of multi-story housing (hereinafter “instant F land and buildings”).
(2) The Plaintiff’s share of the instant D land and building owned by the Plaintiff and the Plaintiff’s share of KRW 9.9 square meters and KRW 2 square meters (hereinafter “instant exchange agreement”) are subject to the exchange agreement to exchange without paying the mutual purchase price (hereinafter “instant exchange agreement”).
After the conclusion of the exchange contract, the registration of ownership transfer was completed on May 15, 1998 with respect to each real estate. Meanwhile, at the time of the conclusion of the exchange contract, the Defendant resided in the United States at the time of the conclusion of the exchange contract, and since the Defendant’s mother was living in the F building, the conclusion of the exchange contract of this case was completed through the Defendant’s mother. 4) At the time of the conclusion of the exchange contract of this case, the building on the instant F land was constructed over J land, but the J land was incorporated into a road. As such, the Plaintiff removed the building on the instant F land immediately after the conclusion of the exchange contract, and newly constructed in a rectangular form, which was in the current way.
5) On August 24, 2013, the Defendant sold the instant D land and buildings to E, and completed the registration of ownership transfer in the future around November 5, 2013. Accordingly, the ownership transfer registration was completed in the instant F land and buildings, and the ownership relationship of the instant D land and buildings is as follows.
D: C - on December 30, 1987, - October 31, 1994, - Defendant - on May 15, 1998, - The EF on November 5, 2013: Defendant - on June 3, 1982, - May 15, 1998.