1. Revocation of a judgment of the first instance;

2. The plaintiff's main claim is dismissed.

3.The ancillary.

1. Facts of recognition;

A. On November 27, 2009, the Plaintiff: (a) transferred the ownership of the building from the Jinananandong Qadong, Qadong, to the Defendant; and (b) additionally paid KRW 60,00,000 to the Plaintiff; (c) the Defendant entered into an exchange contract with the Plaintiff on the condition that the ownership of the instant real estate and the instant real estate and the land of Yong-gun, R, and S (hereinafter collectively referred to as “instant real estate, etc.”) is transferred to the Plaintiff (hereinafter “instant exchange contract”).

B. The “A” column of the real estate exchange contract (Evidence 2) prepared at the time of entering into the instant exchange contract is indicated by the Defendant’s name, followed by E’s signature, and the stamp image of E is affixed next thereto.

C. At the time of concluding the instant exchange contract, the Plaintiff paid KRW 20,000,00 to E as down payment.

The instant real estate, etc. was originally registered under T’s name, but the registration of ownership transfer was completed on December 16, 2009, after the conclusion of the instant exchange contract.

E. Around December 18, 2009, the Plaintiff paid KRW 34,600,000, which is part of the intermediate payment of KRW 40,000,000, which the Plaintiff agreed to pay additionally under the instant exchange agreement, to the Defendant. On the same day, the Defendant prepared a real estate sales contract (Evidence A9) and a pre-sale agreement (Evidence A0) regarding the instant real estate between G and G designated by the Plaintiff. On the same day, the provisional registration of the right to claim transfer of ownership in the name of G was completed with respect to the instant real estate, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 8, 9, 10 evidence, Eul evidence 4, witness P's testimony and the purport of whole pleadings

2. Judgment on the defendant's main defense of safety

A. The Defendant’s assertion that the Plaintiff concluded the instant exchange contract with E, which is not the Defendant, and thus, the Plaintiff’s primary claim against the Defendant, other than E, seeking the registration of ownership transfer, is ineligible as a party.