(영문) 대구지방법원 서부지원 2018.09.20 2015가단20562 (1)



1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.


1. Facts of recognition;

A. On March 2, 2010, the Plaintiff and the Defendant agreed to enter into a sales contract with the Defendant to sell 1656 square meters of the entire land of this case and its ground buildings with the purchase price of KRW 415 million (hereinafter “instant sales contract”) as follows.

If the building-to-land ratio is applied to 138 square meters of the entire land of this case, the building area is reduced at the time of applying the building-to-land ratio, and the division of land is not possible, so the land of 138 square meters of this indication was stipulated and entered into this contract area to be used as a road entering D land, but the purchaser did not own the land in installments and transferred the ownership of 1794 square meters of land and actually excluded from this contract to verify that it is owned by the seller A.

B. On March 5, 2010, the Plaintiff and the Defendant completed notarial acts by preparing the following certificates of undertaking.

In the sale and purchase of "C," the elderly group C, the seller and the buyer (name B) will adjust the undivided portion C (undivided) 42 to A, and the seller will fully implement the sale to the buyer (name B) with the 40,000 square meters adjacent to C, with the 40 square meters adjacent to C.

C. On March 11, 2010, the Plaintiff completed the registration of ownership transfer on the entire land of this case and its ground buildings to the Defendant.

On November 23, 2012, the Plaintiff and the Defendant drafted a written agreement (Evidence A No. 2, hereinafter “instant agreement”) with the following contents:

1. As to the instant sales contract, it is confirmed that the portion of subparagraph (A) in the Gyeongbuk-gun in the cadastral map attached to the instant sales contract is owned by the Plaintiff, and the Defendant actively cooperates with the Plaintiff in building a passage for the portion of subparagraph (a) from January 1, 2013 to (A).

Expenses for opening a passage shall be borne by the plaintiff.

2. The Plaintiff: (a) sets up a traffic lane for the part of subparagraph (a); and (b) changes the category of E into “the president” by December 2015.

3. The plaintiff.