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1. The Defendant-Counterclaim Plaintiff’s share out of the land indicated in the attached Table 1 from the Plaintiff-Counterclaim Defendant is 2,579/4,868.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 23, 2013, with respect to shares of 1,495.88/4,869 shares out of 863 square meters in Gyeonggi-gun, Gyeonggi-do, 863 square meters, ② with respect to shares of 3,651.75/4,869 shares out of 2,219 square meters in D preceding 2,219 square meters, ③ with respect to shares of 3,651.75/4,869 shares out of 3,65 square meters in E preceding 35 square meters, ④ with respect to shares of 3,651.75/4,869 shares out of 67 square meters in the name of each Plaintiff on April 11, 2013 (hereinafter referred to as “each of the above land before division and merger”), the transfer registration for shares in each of the above land was completed on April 11, 2013 (hereinafter referred to as “each of the instant land before division and merger”; and thus, C was specified solely on Plaintiff (1, Plaintiff(E88/4, 485/65/165/6) shares in shares,
B. On April 11, 2013, H, the Plaintiff’s fraud, entered into a contract with the Defendant’s husband to purchase the Defendant’s share in each of the instant land prior to the merger after division, even with the Defendant’s husband (hereinafter “the Defendant”) and the Defendant’s husband, and deposited KRW 159,840,00,00 for the remainder of 159,840,000. However, the Defendant refused the performance of the contract and instead, the agreement was rescinded and the co-ownership relationship was resolved by exchanging the Plaintiff’s share in each of the instant land prior to the merger after division and the Defendant’s share.
C. On June 13, 2013, the Plaintiff and the Defendant concluded an exchange contract with the following terms (hereinafter “instant exchange contract”).
The plaintiff and the defendant 1,217.25/4,869 shares, which were distributed to four parcels, shall be gathered and divided into one and a set of independent lot numbers for the purpose of exercising the right of individual land by registering the ownership of each parcel and exchanging the following for the purpose of exercising the right of individual land.
(1)
1. A match;