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1. Revocation of the first instance judgment.
2. The Defendant indicated in the attached Form 1, 2, 3, 4, 13 among the land size of 360 square meters in Kimhae-si, the Plaintiff.
Reasons
The court's explanation of this part of the basic facts of the claim is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is citing it by the main text of Article 420 of the Civil Procedure Act
Judgment
Unless there exist special circumstances, the Defendant is obligated to deliver the land in question to the Plaintiff, barring special circumstances, on the following grounds: (a) the part of the claim stated in the purport of the claim regarding the cause of the claim (hereinafter “land in question”; and (b) the entire land in the purport of the claim is owned by the Plaintiff; and (c) the Defendant occupied the land in question by using it as its access road to the relevant house.
As above, the defendant asserts that the plaintiff and the defendant agreed on the contract between the plaintiff and the defendant to use the land in the dispute of this case as access roads, so the defendant has the right to possess and use the land in this case. The plaintiff asserts that the agreement was cancelled even if there was an agreement as alleged by the defendant. Thus, the defendant's argument is groundless.
The agreement cancellation or rescission contract of the relevant legal doctrine is a new contract, regardless of the existence of the right of rescission, which provides that both parties to the contract shall terminate the validity of the existing contract by agreement and return it to the same state as that of the previous contract had not been concluded from the original date. In order to cancel the agreement, the agreement shall be deemed as a requirement that the opposite expression of intent, such as the offer and acceptance of the contract, is consistent (agreement). In order to establish such an agreement, the content of the agreement expressed by both parties must objectively coincide.
In addition, the rescission of the contract can be made by the implied agreement of both parties as well as explicitly, but it has been impliedly rescinded.