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1. The defendant made an exchange with the plaintiff on November 27, 2004 with respect to each land share stated in the separate sheet.
Reasons
1. Judgment on the Plaintiff’s assertion of the cause of claim
A. Facts of recognition 1) The Plaintiff and the Defendant conclude an exchange contract on November 27, 2004 (hereinafter “instant exchange contract”).
(2) On December 3, 2004, the Defendant completed the registration of transfer of ownership with respect to the above D land on the Plaintiff on December 3, 2004, and on December 21, 2004, completed the registration of transfer of ownership with respect to the Defendant’s share in each of the instant land to the Plaintiff’s husband G, the obligor, the maximum amount of debt, 60,000,000 won for the Defendant’s share in each of the instant land (hereinafter “instant collateral security”) was written only on D land owned by the Defendant, Cheongju-si. However, in the context of the special agreement, the Defendant stated that “The Defendant shall succeed to the Plaintiff as the entire share in each of the instant land (hereinafter “instant land”).
3) At the time of the conclusion of the instant exchange contract, each of the instant lands was designated as a land transaction permission zone under the Act on the Utilization and Management of the National Territory. However, on January 30, 2009, the designation was cancelled on January 30, 209.
B. The following circumstances, i.e., the evidence and the purport of the entire pleadings, which can be known by comprehensively taking into account the following circumstances, i.e., the existence of a legal act in which the content is denied, unless there is any clear and acceptable ground to the contrary. The exchange contract of this case clearly states that the Defendant would transfer the ownership shares of each land of this case to the Plaintiff, ii the implementation of all other matters stipulated in the special terms and conditions of the exchange contract of this case, iii the land of this case at the time of the exchange contract of this case.