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1. The judgment of the court of first instance is modified as follows.
The defendant shall answer to the plaintiff, Jeonbuk-gun, Jeonbuk-gun, C, 400 square meters and D.
Reasons
1. The fact of recognition was that G owned the land F. F. 2,436 square meters (hereinafter “F. F. F. F. F. F. B before subdivision”) of North Korea-gun. G’s heir, including the Plaintiff, died on June 24, 1989, completed the registration of ownership transfer due to inheritance with respect to each inheritance share among the above land.
On March 30, 2016, the Defendant purchased 4/20 of the shares of F land before subdivision from H from the co-owners of F land before subdivision to KRW 30,00,000, and completed the share transfer registration on April 5, 2016.
The Defendant filed a claim for partition of co-owned property against other co-owners of F-owners of F land before partition, including the Plaintiff (former District Court Decision 2016Da122792), and on November 10, 2016, the Plaintiff and the Defendant agreed on the disposal and use of F land before partition, as follows:
(1) The land of F before subdivision is divided into “F land” and “F land” and “F land” and “F land” and “F land” and “F land” and “F land” (hereinafter referred to as “F land”).
(C) and C 487 square meters (hereinafter referred to as “C land”)
(2) After dividing into a road, F land is owned by the remaining co-owners, including the Plaintiff, and C land is owned by the Defendant. (2) The Defendant constructs a road of approximately six meters (area 400 square meters) in width on C land, divides C land into the above road part and the remaining part, and land category is changed.
3) The Defendant sells the Defendant’s share in F land before subdivision to the Plaintiff in KRW 30,00,000, and transfers the ownership of C land (including multi-city land) to the Plaintiff. (4) After the judgment became final and conclusive, C’s ownership was transferred to the Plaintiff, the Plaintiff established the Defendant’s right of passage to the part where the road was installed among the land C, with the land designated by the Defendant as the dominant station, and the Defendant established the right of passage to the Plaintiff as to the land of KRW 62,00,000,000 (hereinafter “E”).
On November 11, 2016, the Plaintiff paid KRW 30,000,00 in accordance with the instant agreement to the Defendant.