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1. The defendant is paid KRW 15,502,00 from the plaintiffs and at the same time, each real estate listed in the separate sheet to the plaintiff B.
Reasons
1. Basic facts
A. On August 19, 201, A, through an agent G, exchanged between H and the Defendant’s agent, KRW 15,372 square meters of I forest land in Pyeongtaek-gun, Gangwon-do (hereinafter “I land”) and each real estate listed in the separate sheet (hereinafter “each real estate in this case’s registry”) owned by the Defendant, as indicated in the separate sheet (hereinafter “instant exchange agreement”). The exchange difference was agreed to pay KRW 10,000,000 to A (hereinafter “instant exchange agreement”).
The terms and conditions of the instant exchange contract include the following:
(1) A (Defendant) shall pay 20,000,000 won, which is provisionally registered on the goods of A (A), to cancel or terminate a provisional registration; and (2) A shall pay the value-added tax at the time of registration of the goods of B;
(3) A shall succeed to the obligation of B with immunity from liability.
(4) A and B shall settle all kinds of taxes, management expenses, and registered public charges and transfer them to both parties until the balance is settled.
B. On August 24, 2011, under the instant exchange contract, A completed the registration of the right to claim ownership transfer with respect to the I land to the J (H’s wife) designated by H on August 24, 201 (the provisional registration in the name of K was cancelled, and the provisional registration in the name of L was transferred to J at the same time) and the J completed the principal registration of ownership transfer with respect to the I land on November 21, 201.
C. A died on January 19, 2015 while the instant lawsuit was pending.
The Plaintiffs are the successors of A (Plaintiff B: their wife, Plaintiff C, D, and E).
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Gap evidence 7-1, 2, Eul evidence 11-1 and 2, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant shall implement the procedure for the registration of ownership transfer based on the instant exchange contract to the plaintiffs, who are the inheritors of A, in proportion to their respective inheritance shares, except in extenuating circumstances.