1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 16, 2010, the Plaintiff entered into an agreement with the Defendants on the exchange of the Plaintiff’s D large 425 square meters (hereinafter “Plaintiff’s real estate”) and E and F (hereinafter “Defendant’s real estate”) with the Defendants’ real estate payment in kind (hereinafter “instant exchange agreement”).

B. At the time of the instant exchange contract, the Plaintiff and the Defendants assessed the Plaintiff’s real estate as KRW 80 million (i.e., the market price of KRW 1.85 million - KRW 980 million - KRW 70 million - KRW 569 million - exchange of the Defendants’ real estate (= the market price of KRW 8.4 billion - KRW 235 million - KRW 200 million - the secured debt of the right to collateral security of the right to collateral security) with the amount of KRW 231 million, which is the difference in appraisal, to the Plaintiff.

C. Accordingly, the Defendants paid KRW 200 million to the Plaintiff from April 17, 2010 to April 23, 2010.

After July 201, the Plaintiff agreed to cancel the instant exchange agreement with the Defendants on or around July 201, but the Plaintiff paid the Defendants KRW 200 million and interest thereon by September 30, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 4, Eul evidence Nos. 1 and 2, Eul evidence Nos. 1, 2, Eul evidence Nos. 5, and the purport of the whole pleadings

2. The assertion and judgment

A. At the time of the Plaintiff’s assertion, the Defendants were not the owners of the Defendants’ real estate at the time of the instant exchange contract, and thus, could not transfer the ownership of the said real estate to the Plaintiff, but the Plaintiff could not be transferred to the Plaintiff.

Therefore, the defendants are obligated to pay 64 billion won after deducting the amount of KRW 200 million paid to the plaintiff from the market price of KRW 84 billion in the real estate of the defendants with the warranty liability following the sale of other persons' rights. In part, the defendants are liable for the warranty liability.