1. The defendant shall receive KRW 42,000,000 from the plaintiff, and at the same time, it shall be on the land of Jeonsung-gun, Jeonsung-gun, 468 square meters.

Facts of recognition

The husband E of the Plaintiff’s husband of the sales contract and the establishment of servitude between the Plaintiff and the Defendant shall be deemed to have committed an act on behalf of the Plaintiff for convenience of less than the Plaintiff.

on July 6, 2011, the act of F on behalf of the defendant on behalf of the defendant is deemed to have been committed by the defendant on behalf of the defendant.

The Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Han F (the Defendant’s children, E, and E) to sell 468 square meters of 568 square meters of 568 square meters of 42 million square meters in total owned by the Plaintiff to the Defendant, and around that time, the Plaintiff was paid KRW 42 million from the Defendant.

However, since the land is not divided at the time, the Plaintiff and the Defendant first completed the registration of ownership transfer with respect to the whole of 568 square meters in the name of the Defendant with respect to the whole of 568 square meters in the Jeonsung-gun, Jeonsung-gun, Jeonsung-gun, and then agreed to divide 100 square meters in the name of the Plaintiff again

In addition, when concluding a sales contract as above, the Plaintiff entered into an agreement with the Defendant that “The area sold by the Plaintiff to the Defendant is 468 square meters, and the Defendant did not construct the Plaintiff’s land adjacent to 568 square meters, at least 3.5 meters above the end point of the north of the said land in order to secure the right to view the land owned by the Plaintiff, which is located adjacent to 568 square meters in the Jeonsung-gun, Chungcheongnam-gun.”

On November 17, 2011, 201, the ownership transfer registration was completed on November 30, 201, with respect to the land division and 100 square meters in the Plaintiff’s name, with respect to the land division and 568 square meters in the name of the Plaintiff, for which the transfer registration was completed on November 30, 201, with respect to the land size of 30 square meters in the name of the Plaintiff (hereinafter “instant land”).

After the defendant's refusal of establishment of servitude, the plaintiff requested the defendant to register the establishment of servitude in accordance with the above agreement on the land of this case.