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1. The part of the judgment of the court of first instance concerning the claim for the lost operating profit is included in the plaintiff's claim extended in the trial.
Reasons
1. The scope of this court’s trial at the first instance court, the Plaintiff claimed operating income and consolation money from the lost operating income, and the claim for consolation money was partially accepted, and the Plaintiff filed an appeal only for the portion claiming the lost operating income, and expanded the purport of the claim in the first instance court.
Therefore, it is judged that only the part of the expanded operating income claim is subject to the judgment of this court.
2. Basic facts
A. From R on January 3, 2014, the Plaintiff concluded a sales contract with the purport to purchase three Dongs (hereinafter “instant land”) with a total of KRW 150 million located on the land, E, F, G, H, and I land (hereinafter collectively referred to as “instant land”), E, G, H, and I (the combination of each of the said land) and on the ground thereof, with a total of KRW 10,000,000,000,000,000 located on the instant land and buildings from the date of the said contract, and to repair the instant land and buildings at the Plaintiff’s expense, and to transfer ownership on December 31, 2014, the remainder payment date.
B. On March 3, 2014, the Plaintiff registered livestock breeding business with the trade name “A” in the instant land to the YA as a result of raising pigs.
C. The instant money was not equipped with facilities necessary for raising pigs for a long time, and the lower part of the wall was located below the wall, and the lower part was surrounded by mountain, and it is essential to pass the land owned by village residents in order to pass through a public road, in particular, to pass the land owned by L-owned land adjacent to the west of the instant land.
From the 1970s to the time a dispute arises between the plaintiff and Ji village residents, the relationship between the land of this case was connected with a non-sponsing road of approximately 3.2 meters wide, counting from the waterway located outside the land of this case.
The Plaintiff’s plan to raise pigs from the instant pigs.