도로철거등
1. The plaintiff (Counterclaim defendant)'s appeal on the principal lawsuit is dismissed.
2. The part concerning the counterclaim in the judgment of the court of first instance.
1. While the Plaintiff (Counterclaim Defendant; hereinafter referred to as the “Plaintiff”) sought revocation of the part of the first instance judgment against the Plaintiff among the judgment on the principal lawsuit and counterclaim, regarding the principal lawsuit and counterclaim, only sought stone and road removal and delivery of land in the petition of appeal. ② The purport of the appeal is also the same in the application for correction of the purport of appeal filed on October 22, 2015, which was submitted after the order to revise the purport of appeal was issued, the scope of the first instance judgment is limited to the Plaintiff’s claims for stone axis and road removal and land delivery, and the Defendant (Counterclaim Plaintiff; hereinafter referred to as the “Defendant”), B, Defendant (Counterclaim Plaintiff; hereinafter referred to as the “Defendant”).
2. Basic facts
A. The Plaintiff is the owner of each land indicated in the separate sheet (hereinafter “each land of this case”).
Defendant B, along with Defendant C’s husband, established and operated a factory on a single-use land including each of the instant land.
B. On January 9, 2009, the Plaintiff sold each of the instant lands to Defendant B at KRW 544 billion (the contract amount of KRW 200 million and the remainder KRW 344 million) and received the down payment on the same day.
However, it did not prepare a regular sales contract.
(hereinafter “instant sales contract”). C.
At the time of the above sales contract, the Plaintiff: (a) determined the payment deadline of the remainder as April 30, 2009; (b) upon completion of the payment of the remainder, the Plaintiff transferred documents necessary for the registration of transfer of ownership to Defendant B; and (c) accepted the use of each of the instant land to Defendant B by April 30, 2009, which is the remaining payment deadline; and (b) if Defendant B is unable to pay the remainder by the said deadline, the Plaintiff may withdraw his consent to use, cancel his sales contract regardless of the down payment, and Defendant B shall waive his down payment; and (c) Defendant B bears the interest on the secured obligation of the secured obligation of the right to collateral security established on each of the instant land (Evidence A-2) and ④.