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1. The Defendant shall transfer the ownership registration on September 1, 2016 with respect to the land size of 183 square meters in Tong-si, Si-si.
Reasons
1. Around September 15, 2014, the Plaintiff acquired a 2,681 square meter (hereinafter “D land”).
The above D land is adjoining to both E- 1,468 square meters (hereinafter “E land”) and C 183 square meters (hereinafter “instant land”) owned by the Defendant.
Unless the above land passes, access to D land shall not be allowed.
On the other hand, a festival (hereinafter “instant axis”) is installed on the boundary between D and E.
[Ground of recognition] Facts without dispute, entry of Gap evidence 4, 6, 9 (including virtual numbers), Gap evidence 13 and 16 (including virtual numbers), the purport of the whole pleadings
2. In order to establish a judgment contract, there exists an agreement between the parties as to the terms and conditions of the contract (see, e.g., Supreme Court Decision 2015Da34437, May 30, 2017). A sales contract becomes effective when one of the parties agrees to transfer property rights to the other party and the other party agrees to pay the price therefor (see, e.g., Article 563 of the Civil Act). In such cases, solely on the ground that the contract was not prepared,
In full view of the aforementioned evidence, Gap evidence Nos. 1, 2, 8, and 10, and the following facts and circumstances that can be acknowledged with the witness F’s testimony added to the overall purport of the pleadings, it can be deemed that a sales contract for the land of this case was concluded between the original defendant around September 1, 2016.
① The Plaintiff purchased D land from G through the Defendant’s introduction, and the Plaintiff, through the Defendant, engaged in flatization work on the said D land, and raised the area by 3 meters.
The drainage channel between the land and E was installed at the plaintiff's expense.
The plaintiff had access to D land through E owned by the defendant, but the defendant was no longer able to use E land as access roads to the wind to install the instant embankment.
The location, status, area, etc. of the instant land and neighboring land.