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

Purport of claim and appeal

The first instance court.

A. On November 29, 2002, the Defendant purchased 5,184 square meters (in fact, it was registered as four persons, such as J, etc. on the register, but it was actually owned by G; hereinafter “instant land”) from G on November 29, 2002, and completed the registration of ownership transfer in the name of Cho Jong-man D on November 30, 202.

B. However, at the time, G was operating F in the Gyeonggi-gun K and E land, etc. adjacent to the right side of the instant land. Of the instant land, the right side included the part of the instant land, which was temporarily opened for the purpose of using as the F entry route, and the Defendant accepted G’s request and allowed the continuous use of the part of the instant land included in the above passage route.

C. Meanwhile, from June 1989, the Plaintiff owned 18,38m2 (hereinafter “the Plaintiff’s forest”) located on the Plaintiff’s land from around 1989, the Plaintiff had consultation with the Defendant, the owner of the instant land, to obtain permission for conversion of mountainous district and permission for development of mountainous district. As a result, on May 14, 2007, the Defendant consented to use the portion of the instant land, including the portion used by the Plaintiff as the passage through which G was used, as the passage (hereinafter “the instant portion of the passage”), and the Plaintiff paid KRW 5,00,000 to the Defendant in return for his consent to use. The agreement to the effect that the agreement was concluded (hereinafter “instant agreement”).

According to the agreement of this case, the Defendant received a total of KRW 50 million from the Plaintiff, including KRW 10 million on May 14, 2007, and KRW 45 million on June 19, 2007 (hereinafter “the instant money”). On June 5, 2007, the Defendant issued to the Plaintiff a written consent to land use and all related documents to the effect that “the Plaintiff consents to the use of the instant portion as the instant traffic way to obtain permission for the development of the Plaintiff’s forest land.”

E. Meanwhile, the Plaintiff obtained the above consent from the Defendant.