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1. Defendant B’s KRW 833,850 and annual 5% from November 9, 2016 to May 31, 2017, respectively, to the Plaintiff.
Reasons
1. Facts of recognition;
A. From around 1965, the Plaintiff owns 370 square meters and E road 132 square meters (hereinafter “instant road”). Defendant B operates “G campingping” using Defendant B’s real estate as the owner of 4,806 square meters and the above ground buildings (198 square meters on one floor of the light iron-frame structure sloping roof) located in the wife population in Chungcheongnam-si (hereinafter “instant road”).
B. Defendant C entered into a sales contract with Plaintiff A for the construction and sale of electric source housing (hereinafter “instant project”) at the H population H level, and entered into a written agreement with Plaintiff A to use the Plaintiff’s land as a road around 2010. However, as the site for the instant project was transferred to Defendant B by auction, Defendant B and Defendant B on June 11, 2013 for the purpose of securing a road to construct Defendant B’s real estate owned by Defendant B between Defendant B and Defendant B, at the same time as the completion of the building, obtained the completion of the construction of the road site and obtain the completion of the road site to Defendant B, and at the time of the instant road and at the time of convenience, Defendant C owned the instant land by the J non-party LWW group with the population of the wife.
With respect to the land, all documents and the consent to use the road (land) will be maintained, and after the fulfillment of each of the above road maintenance conditions, Defendant B agreed to pay the price of KRW 300 million to Defendant C (hereinafter “instant agreement”), and accordingly, Defendant B paid KRW 150 million to Defendant C in advance.
C. Defendant B, upon obtaining approval for the use of Defendant B’s real estate on December 8, 2014, operated “G Camping” up to now. The instant road is currently used as an access road to the said G Camping site, and is also used as an access road to other adjacent areas, electricity, forest land, etc.
[Ground of recognition] Unsatisfy, Gap 1-4, 7, and 8 (including virtual numbers), and the purport of the whole pleadings
2. Judgment on the primary claim