2. The Defendant shall have the Plaintiff not less than 436§³ in the Gyeonggi-do.

A. The plaintiff was a woman of the defendant, and the plaintiff mainly resided in a foreign country ( Hong Kong) and managed the real estate owned by the defendant.

B. The Plaintiff is the owner of the 1,452 square meters, F. F. The Plaintiff is the owner of the land before subdivision (hereinafter “F land before subdivision”) and the Defendant is the owner of the land adjacent to I and J land, etc. being used as the roads.

C. The land cadastral map of the above land is as follows, and in order to access a river to the I land owned by the Defendant by the Defendant on the following contribution, it is inevitable to use part of the F land before subdivision in the course of turning large vehicles because the width of J land, which is a road, is narrow.

IF DJJ G Land in this case [No. B. 12-2 (Certified Copy of Cadastral Map)]

D. Accordingly, around February 2012, the Defendant divided part of the F land before the partition owned by the Plaintiff into a separate lot number, and then the land was used by the original Defendant as a road site. However, the form of partition was explained to be “trade”, and the Plaintiff consented thereto.

E. The Plaintiff prepared a sales contract stating the number, size, sale price, and sale date of the real estate subject to sale (hereinafter “instant contract”) and delivered it to the Defendant.

F. On April 9, 2012, F land before subdivision was divided into three parcels, such as D 436 square meters (hereinafter “instant land”), F 1016 square meters, G 959 square meters, etc.

G. On April 20, 2012, the Defendant stated in the instant contract the parcel number and size “D 436 square meters”, “4,6160,000 won”, and “sale date” respectively, and completed the registration of ownership transfer for the instant land on April 20, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Gap evidence No. 8, Eul evidence Nos. 2, 5, 7, 8, and 9, and the purport of the whole pleadings

2. Determination

(a)the existence of a contract; or