1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

purport.

1. The court of first instance rejected the part of the claim for ownership transfer registration among the plaintiff's claims and dismissed the part of the claim for monetary payment.

Accordingly, since only the plaintiff appealed against the judgment of the court of first instance, the scope of the judgment of this court is limited to the plaintiff's claim for monetary payment.

2. Basic facts

A. On July 1, 2011, the Defendant: (a) sold 2,655 square meters of land prior to Gyeong-gun, Gyeong-gun (hereinafter “the land prior to subdivision”); (b) sold the land prior to subdivision to the Plaintiff at KRW 42 million of the land adjacent to the largest area of the land prior to subdivision in KRW 91.7 square meters.

(hereinafter “instant sales contract”). B.

At the time of the instant sales contract, the Plaintiff and the Defendant agreed that “the cost of packing the road entering into D and the cost of treating drain sewage, etc. (hereinafter referred to as “the cost of packing access roads”) shall be borne jointly by the buyer 1/3 and the seller 2/3.”

C. On August 22, 2011, the Plaintiff and the Defendant changed the land subject to sale into the 991.7 square meters of the most north land before dividing the land.

The Defendant, on May 25, 2012, exchanged this land with E-7 square meters owned by L on May 25, 2012, on the following grounds: (a) the Defendant: (b) the land prior to subdivision was 942 square meters; (c) 827 square meters prior to F, G, 606 square meters; and (d) the Defendant exchanged this land with E-80 square meters;

C Division into a road of 200 square meters (hereinafter the road in this case), and on May 31, 2012, the registration of ownership transfer was completed with respect to D large 942 square meters to the Plaintiff.

(In fact that there is no dispute, Gap evidence 1, 2, 5, Eul evidence 1 and 2, and the purport of the whole testimony and pleading of witness H)

3. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant entered into the instant sales contract or the land subject to sale, and the Defendant entered into a special agreement with the Plaintiff at the time of the conclusion of the instant sales contract and the alteration of the land to the land to be purchased by the Plaintiff to bear 1/3 of the expenses, such as access road packaging, and 2/3 of the expenses to be borne by the Defendant respectively. Therefore, the Defendant shall pay to the Plaintiff KRW 2/3,960,000, out of the expenses incurred in packaging the instant road. 2)