손해배상 등
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 3, 2002, the Plaintiff entered into a sales contract with E, an agent of D, with the content that the Plaintiff purchases 530 square meters (1752 square meters) calculated by deducting a road from D, which is not a 4660 square meters of C Forest and Forest land (hereinafter “instant forest”) from D, for KRW 310 million.
(hereinafter “instant sales contract”). B.
The terms and conditions of the instant sales contract are as follows.
A seller shall grant a change in the name of the person who has obtained permission by no later than the balance date.
3.F A seller shall grant a construction work for a height of the ground below the road by up to two meters prior to the balance date.
4. The gradient of a road in the complex shall not exceed 20% until the entrance of the site at the entrance of the site.
(5) Roads in a complex shall be contributed to viewing.
(after completion inspection of civil works). 6. Division of land shall be granted after the change of the person who has obtained permission.
C. On October 9, 2002, the Plaintiff completed the registration of ownership transfer based on sale on August 29, 2002, with respect to D’s share 1752.1/4660 among the forest of this case.
On July 25, 2012, the Korea Asset Management Corporation publicly announced the instant road site. In the public sale procedure, G purchased the instant road site on November 7, 2012 and completed the registration of ownership transfer concerning the instant road site on November 16, 2012.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion asserts as follows as the ground for the claim of this case.
1) The Defendant, the primary cause of the instant claim, after title trusting the instant forest to D, concluded the instant sales contract with the Plaintiff by lending only the name of D. Accordingly, according to the instant sales contract, the Defendant is obligated to build a road with a width of 6 meters and gradient of 20% or less on the instant road site and allow the Plaintiff to pass without compensation and contribute the said road to the Plaintiff at the time of permitting the said road (hereinafter referred to as