손해배상(기)
1. The part against the defendant in the judgment of the first instance against the defendant shall be revoked.
2. The plaintiff's claim concerning the above revoked part is dismissed.
1. Determination as to the claim against the defendant B
A. Basic facts 1) Defendant B’s receipt (hereinafter “instant receipt”) to the Plaintiff around February 2016.
) The instant receipt was written. The main contents of the instant receipt are as follows. The instant land, which was partially approximately 327 square meters of D land (hereinafter “instant land”) was transferred to the Seocheon-gun L, Gangwon-do due to the division on February 16, 2016, and was changed to the registration conversion and land category change on February 18, 2016.
2) At the time of the preparation of the receipt of this case, the Defendant B’s mother G and F share 1/3 shares, H, I, and J shares 1/9 shares, respectively. < Amended by Presidential Decree No. 17558, Feb. 29, 2007> The Plaintiff-friendly G and F share 1/3 shares, H, I, and J shares, respectively.
3) On February 15, 2016, immediately after the issuance of the instant receipt, D land was sold to K prior to subdivision. [Grounds for recognition: the fact that there is no dispute, Gap’s entries in Gap’s 1, 11, and 12, Eul’s evidence No. 1 (including serial numbers; hereinafter the same shall apply) and the purport of the entire pleadings.
B. Defendant B, a summary of the Plaintiff’s assertion, is obligated to approve the use of land so that the Plaintiff may permanently use the instant land as a road.
However, since the land was sold to K before the division, the Plaintiff has not used the land in this case as a road.
Therefore, Defendant B is obligated to pay 13,010,000 won (=6,510,000 won) plus 6,500,000 won (=6,510,000 won) paid by the Plaintiff to Defendant B as damages for nonperformance of obligation and damages for delay.
C. The following can be recognized in accordance with the purport of the entry of No. 1 and the entire pleadings by Eul.