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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 16, 2005, the registration of ownership preservation was completed on November 16, 2005, the trust registration was completed in the name of the K non-Real Estate Trust Co., Ltd., the trust registration was completed on November 16, 2005, while the K non-Real Estate Trust Co., Ltd. (hereinafter “the forest of this case”) was completed on December 3, 1999 on December 3, 199.
A (Defendant B) and B (Plaintiffs) enter into a real estate exchange contract under the agreement as follows:
1. The location of goods indicated as real estate Gap: Each commercial building of this case, each loan of 50 million won, and the location of goods in the present factory room Eul: the succession to the forest land of this case and the loan of 15 million won; and
2. Article 1 of the Terms and Conditions of the Agreement) In concluding the said real estate exchange contract, the exchange difference shall be paid as follows. The exchange difference shall be 20,000,000,000 won in full [special agreement], and Eul shall pay the difference of 20,000,000 won in F G singing shop deposit. The amount of 1109,000 won (loan 30,000,000) and the amount of 123,00,000,000 won (Loan 2,20,000,000 won) shall be paid to Gap in cooperation with Eul on October 28, 2009 (hereinafter “instant real estate exchange contract”).
(C) C. On September 30, 2009 with respect to the instant forest land owned by E, Defendant I, the son of Defendant B, was completed the ownership transfer on September 30, 2009, and on February 3, 2015, the ownership transfer registration was completed again in the JJ on February 3, 2015. Defendant B, on May 1, 2015, prepared and delivered a written confirmation to the Plaintiff that “if the Plaintiff is to transfer and acquire K bonds worth KRW 10 million and L bonds worth KRW 20 million, and the debtor is not paid by October 30, 2015, to cooperate in recovery of claims as in B” (hereinafter “instant confirmation”).
) [Facts without dispute over the basis of recognition, Gap, 1, 2, 3.