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1. The main part of the lawsuit in this case shall be dismissed.
2. The plaintiff's conjunctive claim is dismissed.
3...
Reasons
1. Facts of recognition;
A. On February 13, 2012, the Plaintiff purchased the instant land from E. On February 13, 2012, and the ownership transfer registration under the name of the Plaintiff was completed on February 14, 2012 as the receipt of Jinwon District Court Decision 6815.
B. F completed the registration of ownership preservation on the instant building as the receipt of No. 15723 on March 23, 1994 by the Changwon District Court Jinwon Branch Branch, Jinwon Branch G, and H real estate compulsory sale procedure on May 27, 2013, F was awarded a successful bid for the instant building. As to the instant building, the registration of ownership transfer in D’s name was completed on April 13, 2015 as the receipt of the Jinwon District Court Jinju Branch Branch No. 19513 on April 13, 2015.
C. Part of the instant building is located on the ground of the instant dispute part among the instant land.
Conciliation Provisions
1. D acquires 49m2 from among 108m2, 108m2, Jinju-si I road, and completed the registration of ownership transfer to the Plaintiff.
At the same time, the Plaintiff completed the registration of ownership transfer on the dispute part of this case to D.
2. If the area to be transferred among the I road to D is not less than 49 square meters in Jinju-si, where D is obligated to transfer to the Plaintiff pursuant to paragraph (1) 1, the Plaintiff shall complete the registration of transfer only to D only for the same area as the area that D actually transferred (the area adjacent to the ground debt) among the dispute part of this case, which is the same as the area that D actually transferred.
3. Unless a real estate exchange is made under paragraphs 1 and 2 above as of June 1, 2015, as D fails to acquire all or part of the I road in Jinju by May 31, 2015, the real estate exchange arrangement under paragraphs 1 and 2 shall be terminated as of June 1, 2015.
Since then, D removes the ground buildings on the part of the dispute of this case to the Plaintiff, and deliver the dispute part of this case to D.
The Plaintiff removed, against D, the part of the instant dispute, located on the ground of the instant dispute, as the Jinwon District Court Jinwon Branch 2013Kadan9600, and delivered the instant dispute part.