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1. The Defendant (Counterclaim Plaintiff) may appraise the Plaintiff (Counterclaim Defendant) on December 6, 2019, among the 2,895 square meters of forest land C in Gwangjuyang-si, as of December 6, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On April 27, 1990, the Plaintiff purchased 600 square meters (1983 square meters) out of 40,138 square meters of land E in Mineyang-si, the Defendant purchased 48,000 square meters of land before division (hereinafter “land before division”) from the Defendant, and the Defendant agreed to the Plaintiff that “the part at the back of the house was divided into dry field (600 square meters).”
(hereinafter “instant sales contract”). Under the sales contract, there is no dispute between the parties as to the fact that the buyer is the former husband of the Plaintiff, K (see evidence 5) and the Plaintiff is the buyer of the instant sales contract.
B. The Plaintiff paid the purchase price of KRW 48 million to the Defendant, and the Defendant delivered to the Plaintiff 600 square meters (1,983 square meters, hereinafter “the subject matter of the instant sale”) out of the land before the split-off.
C. On May 17, 1990, the Defendant did not divide the subject matter of the instant transaction from the land before partitioning due to mistake, and divided D forest land into D forest land 1,983 square meters (hereinafter “D land”).
On June 5, 1990, the defendant completed the registration of ownership transfer on May 3, 1990 with respect to the portion of 1,983/40,138 out of the land before subdivision to the plaintiff.
E. On June 13, 1990, the Defendant completed the registration for transfer of ownership for sale on May 3, 1990 with respect to F’s share 1,983/40,138 of the land before subdivision, with respect to G as to the share 1,322/40,138 of the land before subdivision, H as to the share 1,982/40,138 of the land before subdivision, for H as to the share 1,984/40,138 of the share, to F as to the share before subdivision.
F. On June 16, 190, the Plaintiff and the Defendant divided the part “A” (the last part of the toilets used for the current dry field, hereinafter “the part “instant”) indicated in the annexed forestry map after it was possible to divide the correction into all laws and regulations, and combine it into D land at the time of Mineyang, and divide the part “B” indicated in the annexed forestry map (the part “B” used for the current forests and fields; hereinafter “instant part”).