Text
1. Of the judgment of the court of first instance, the part against the defendant, including a claim modified in the trial, shall be modified as follows:
Reasons
1. Facts which have no dispute (based on recognition), entries in Gap evidence 1 through 8, evidence 10-3, 7, 17, 17, 18, 21, 27, 37, 39, 12, and evidence 1 (including each number), images, and the purport of the whole pleadings;
A. On December 1, 2009, the Plaintiffs entered into a sales contract for purchase of KRW 3,306 square meters of F forest land E (hereinafter “the instant forest”) owned by the Defendant (hereinafter “E”) from D who represented the Defendant, for KRW 180,000 (hereinafter “the instant sales contract”), and on January 25, 2010, paid the Defendant full payment of the purchase price.
G H F NH Q Q F Q R TR GR
B. The current status of the location of the instant forest land and the site for access roads P, as well as the site status of the instant forest land and access roads, are as follows.
In order to leave the instant forest as a contribution from the instant forest, the neighboring H forest shall have a lot of 912 square meters and 368 square meters prior to G.
(hereinafter the above site is “H”, “G”, and the combination thereof is referred to as “the access road site of this case.” H is owned by the Defendant, I, and J, and G is owned by K, and K transferred its right to use and benefit from G to the Defendant around February 16, 2006.
C. At the time of the instant purchase and sale contract, D’s written statement of performance and written confirmation of fact: (a) promised to obtain consent to use the access road site of this case so that it does not interfere with the Plaintiffs to obtain authorization and permission on the forest land of this case; and (b) written statement of performance and written confirmation as follows in the name of the joint Defendant C corporation of the first instance that the Plaintiffs appointed as representative director (hereinafter “instant corporation”).
On December 1, 2009, as to the forest land of this case, with the defendant (agent: the corporation of this case) on December 1, 2009,
1. G is purchased by the corporation of this case, and documents necessary for the authorization and permission of the forest of this case shall be provided.
2. The seller's agent shall be responsible for the payment of permission to the forest land of this case.
except that authorization or permission.