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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. As a building company, the Defendant purchased multi-household housing with land adjacent to the Plaintiff’s land for the purpose of constructing multi-household housing (hereinafter “Defendant’s development land”). The Defendant decided to purchase the part of “A” connected to each point of the Plaintiff’s land in the following order: 1, 2, 3, 4, 5, 6, 6, 7, 8, 9, and 1 among the land owned by the Plaintiff for the purpose of using it as a road from the Defendant’s development land to the public road.
B. On September 30, 2015, the Plaintiff and the Defendant entered into a sales contract with the purchase price of KRW 407,630,000 for each of the real estate listed in the separate sheet (hereinafter “instant land”) as indicated in the separate sheet (hereinafter “instant sales contract”) and completed the registration of ownership transfer for the instant land on November 26, 2015.
The Plaintiff entered into a sales contract with respect to ① 153 square meters out of 403 square meters in the field E of the wife population E 403 square meters, ② 66 square meters in the F field (attached Form 2), ③ 112 square meters out of G major 866 square meters, ④ 866 square meters out of H forest land, and ④ 21 square meters out of 86 square meters in the above land. On November 23, 2015, around November 23, 2015, KRW 153 square meters out of the above land was divided, and KRW 112 square meters out of the above land was divided, and KRW 112 square meters in the list of the above land was assigned with a new parcel number as 21 square meters in the K forest land (attached Form 4).
C. Upon entering into the instant sales contract, “9. The purchaser of the land nine.” and “10.8 meters road will be constructed and the buyer will bear the expenses, without permanent terms and conditions, on the part of the permitted person designated by the seller in relation to the land G (the remaining land after the Plaintiff sold to the Defendant; hereinafter referred to as “Plaintiff’s land development”),” as the special terms and conditions. In addition, the Defendant stated that “the road will be built, and the construction will be borne by the buyer.”