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1. The Defendant’s KRW 167,195,00 for the Plaintiff and KRW 5% per annum from September 28, 2018 to January 30, 2020.
Reasons
1. Facts of recognition;
A. The Defendant purchased land, such as D, E, F, and G prior to the Jeju City, and borrowed KRW 66 million from H (her husband of the Plaintiff) due to insufficient purchase funds. As the Defendant failed to repay the borrowed money, the Defendant completed the registration of transfer of ownership under the name of the Defendant’s wife, among the land purchased in 2003, F, and G land shall be registered for transfer of ownership in the future of the Plaintiff (hereinafter “Plaintiff’s land”). From the third party I, the Defendant directly made the registration of transfer of ownership on the ground of sale as of September 2, 2003 in the name of the Plaintiff) and the remaining E, and D land under the name of the Defendant’s wife J.
(hereinafter “Defendant’s land”). (b)
However, as the defendant's agreement to open access roads, such as the location in the cadastral map of the attached Form, the relationship between the plaintiff's land and the plaintiff's husband H, and the defendant prepared a letter of performance (A2-1) promising to open access roads of 5.4 meters wide in the defendant's land so that the plaintiff's land can be controlled by public services, and the defendant prepared a letter of performance (A2-2) that he/she is liable for civil and criminal liability if he/she fails to open such access roads by completing the same public access road as the Saemaeul road until December 30, 2012, as the previous letter of performance, again on August 30, 2012.
[Grounds for recognition] Evidence Nos. 1 through 7, the purport of the whole pleadings
2. Determination
A. As above, the Defendant agreed to open an access road of 5.4 meters wide on the Defendant’s land (such access road seems to be necessary to obtain a building permit on the Plaintiff’s land) and did not perform the obligation under this agreement. As such, the Defendant bears the liability for compensation for damages arising from the nonperformance of the obligation.