손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 7, and Eul evidence No. 3 (including paper numbers):
On January 15, 2004, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 500 million in the purchase price of KRW 4,959 square meters prior to Chuncheon City (hereinafter “instant land”). The instant contract has the following special agreements:
(hereinafter “instant contract” or “instant special agreement”). B.
Details of the instant special agreement
1. A letter of consent to the use of land in front of the present defendant's house to the land in this case (around 110 meters) from the front of the present defendant's house to the land in this case is secured with a width of D and E 6 meters, and the defendant is responsible for packing if the purchaser of the land in this case desires.
C. On March 17, 2004, the Plaintiff completed the registration of ownership transfer on the instant land in the future of the Plaintiff.
(1) On March 4, 2004, the Defendant issued to the Plaintiff a written consent for land use with the purport that “The Defendant, as the owner of the land E before the division, requested the Plaintiff to use the land as a road, with a certificate of seal impression attached,” with respect to the land use of the land owned by the Defendant, Chuncheon-si, E prior to the division (hereinafter “E before the division”).
(2) After the conclusion of the instant contract, the Defendant issued to the Plaintiff a written consent for land use from F to the Plaintiff with respect to F-owned 167 square meters (hereinafter “D”).
E. After the conclusion of the instant contract, the Defendant successively divided the E’s land before subdivision, and the E’s land before subdivision became 96 square meters before subdivision (hereinafter “divided E’).
F. Meanwhile, the Defendant is not more than 303 square meters of land partitioned E and not more than G. 303 square meters prior to Chuncheon.