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1. Revocation of a judgment of the first instance;
2. Of the instant lawsuit, the Plaintiff’s subrogation against Defendant C and D.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the following facts: Gap evidence Nos. 1 through 5 (including branch numbers if there are serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 7; Eul evidence Nos. 1 and 7; and the purport of the whole pleadings against the Cheongdo-gun of the court of first instance as of January 9, 2014.
On January 13, 2011, Defendant C and D obtained the ownership by omitting the part of “AAAA” in the indication of forests and fields, 2,777 square meters of H forest, 3,570 square meters of land, 2,777 square meters of J forest, 2,77 square meters of J forest, 264 square meters of K forest and 49,204 square meters of forest and fields of 1,122 square meters of land (hereinafter “six lots of forest and fields before annexation”) from the Daegu District Court’s sale procedure for real estate rental. On February 11, 2011, Defendant C and D acquired the ownership by completely paying the sale price.
B. On November 8, 201, Defendant C and D entered into a trade reservation with Defendant B to sell 49,204 square meters of six forest lots prior to the merger with Defendant B (hereinafter “the first sale reservation”) to Defendant B prior to the merger (hereinafter “instant promise”).
On the other hand, on November 18, 201, the Plaintiff entered into a sales promise with Defendant B to purchase KRW 16,264 square meters of E forest land, H forest land 2,777 square meters, and 264 square meters of K forest land with a view to newly constructing a house for electric source from Defendant B (hereinafter “second sale reservation”).
C. On December 12, 2011, the farmland 49,204 square meters prior to the merger was combined with E forest land 49,204 square meters after the merger. After the merger, E forest land 49,204 square meters was changed to E forest land 47,413 square meters during the process of boundary correction on December 28, 201.
However, following the division on February 13, 2012, the E forest land of 47,413 square meters was divided into KRW 26,660 square meters for E forest land and KRW 26,660 for each forest land listed in the separate sheet (hereinafter referred to as “each forest land”), and KRW 2 through 5 in accordance with the sequence in the list.
Then, E.