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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff owned the Yongsan-gu Seoul Metropolitan Government Da-02 (hereinafter “C lending”).
On June 23, 2012, the Plaintiff entered into an exchange contract to exchange the E site and the three-story accommodation facilities (hereinafter “F”) on the land and the three-story accommodation (hereinafter “F”).
On July 13, 2012, the Plaintiff concluded an exchange contract with the above F and the non-party G to take the 101st floor of the 1st floor of the building located in Dongdaemun-gu Seoul (hereinafter “H building”) owned by the non-party G, and paid the difference of KRW 50 million to G.
(hereinafter “Prior Exchange Agreement”). In a prior exchange agreement, G made it possible for H to obtain a new loan of KRW 450 million as security, and the Plaintiff agreed to succeed to the secured obligation, and if such new loan is not made, the prior exchange agreement entered into an agreement to invalidate.
B. On March 21, 2011, the Defendant: (a) on March 21, 201, the building on the land and the ground owned by the Defendant’s wife I (hereinafter “Knman”); (b) the land and the 6th floor of the land and the 6th floor of the land owned by the Nonparty L (hereinafter “water sources real estate”) in the Seocho-gu, Suwon-si, the Suwon-si, the Suwon-si, and Nonparty N L are N’s mother; and (c)
An exchange contract was concluded that the Defendant will pay L additional KRW 150 million, on an exchange basis, for the purpose of exchanging the O2-story O211 (hereinafter referred to as "use commercial building") of the ownership, and the Defendant will pay L additional KRW 150 million.
The above-mentioned commercial building was subsequently agreed to a person designated by the defendant as a pre-registration for ownership transfer.
C. On July 26, 2012, the Plaintiff and the Defendant agreed to exchange H building and permissible commercial buildings with each other. The Defendant cancelled the right to collateral security established on the commercial building and transferred it to the Plaintiff, instead of being paid KRW 70 million, which is the difference in exchange value from the Plaintiff. However, on July 26, 2012, the contract date, KRW 3 million, and on August 20, 2012.