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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a medical corporation that operates the Incheon Metropolitan Hospital at Seocheon-dong 176, Seocheon-dong 176.
B. On February 15, 2012, the Defendant purchased approximately 3,300 square meters, etc. from the Plaintiff and constructed medical facilities of approximately 80 square meters in Seo-dong 189, Seo-dong, Seo-dong, Seo-dong, Seocheon-gu, Incheon, which were surrounded by the site of the Incheon Seoul Hospital. The Defendant submitted to the Plaintiff a letter stating that “In order to restrict the use of the disused road for other purposes, Seo-dong, Seo-dong 189, Seo-dong, Seo-dong (hereinafter “instant letter”), “The Defendant shall construct the above lot number, and the first floor shall be used as a parking lot, and the Defendant shall provide convenience for the people who have used the roads of 189, Seo-dong, Seo-dong, Seo-dong, Incheon, the Defendant may not reverse his consent until the owner’s consent was obtained” (hereinafter “instant letter”).
C. The above roads were abolished on September 18, 2012 on the following occasions: (a) Seo-dong 187, Seo-dong 187, Seo-dong 190 square meters and 49 square meters on the 190-road 190 square meters of the same road (each of the above roads was combined with Seo-dong 187, Seo-dong 187, Seo-dong 187, Oct. 30, 2012; hereinafter referred to as the “instant land”); (b) on September 19, 2012, the Defendant prepared and submitted to the Plaintiff an agreement (hereinafter referred to as the “instant agreement”) as follows.
[Agreement] Although it is aware that the Defendant’s purchase of the instant land, which was abolished by the relevant laws, is not restricted in exercising any property right as private property, the Defendant, for the convenience of local residents, shall enter into an agreement in good faith as follows.
1. On the instant land, even if the Defendant constructed a construction, pedestrians who passed the instant land using the said land.