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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
Reasons
1. Basic facts
A. On January 5, 2017, the Plaintiff sold to the Defendant the purchase price of KRW 310,000,000,000 among the Defendant, the amount of KRW 426,00,000,000,000,000,000,000 owned by the Plaintiff (hereinafter collectively referred to as “the instant real estate”), and the Plaintiff concluded a contract between the Defendant and the Defendant for the transfer of the ownership of KRW 160,00,000,00,000,000,000 for intermediate payment until February 15, 2017, and the remainder payment of KRW 230,00,00,00 (Provided, That it appears that, among them, KRW 160,00,00,000,00 was substituted for the Defendant’s acquisition of collateral obligation for the instant real estate, and the remainder of KRW 70,000,00,000 should be paid to the Defendant at the same time (hereinafter referred to each of the instant real estate).
B. According to the instant sales contract, the Defendant paid the Plaintiff KRW 30,000,000 on the day of the contract, and KRW 300,000,000,000 on February 25, 2017, and KRW 10,000,000 on August 4, 2017, and KRW 40,000 on August 31, 2017, and KRW 140,000,000 on September 29, 2017, to substitute for the acceptance of the foregoing collateral security obligation, and completed the registration of ownership transfer on the instant real estate in the name of the Defendant on January 6, 2017.
C. After that, the Defendant filed an application for registration conversion of real estate for the combination of lots, etc. of the instant real estate with the Korea Land Information Corporation. In the process, it was confirmed that the real area of the instant real estate is less than 3,238 square meters and less than 296 square meters, which is the sum of the area on the register.
E A forest land of 1,918 square meters was combined into D forest land of 1,190 square meters, and the area was corrected to 3,108 square meters (i.e., 1,918 square meters) after the annexation. On November 21, 2017, the registration for a correction of the area was completed again on November 21, 2017, which is corrected to 296 square meters and less than 2,812 square meters. On July 25, 2018, D forest was divided into F, G, or H eight lots, and C land was divided into 1,198 square meters, respectively.
[Ground for recognition] A.