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1. The Intervenor’s Intervenor’s participation in the Intervenor’s Intervenor is dismissed.
2. Of the judgments of the first instance court, the following payments are ordered.
Reasons
1. Basic facts
A. On June 8, 2010, the Plaintiff entered into a contract with D to purchase KRW 560,000 (56,000,000 on the date of the contract, the remainder of KRW 504,00,000 on the date of the contract, and the remainder of KRW 504,00,000 (hereinafter “instant sales contract”) with D to purchase KRW 56,00,000 for the down payment to D, since the Plaintiff’s location of the land at issue was both 5,00,000 square meters prior to the wife population C (hereinafter referred to as “the location of the land at issue”), which is permissible from D, and paid KRW 56,00,000 for the down payment to D.
At the time, the Plaintiff was promoting the new construction and sale of electric source housing in the KRW 815 square meters before E.
B. At the time of the conclusion of the instant sales contract, G clan, the owner of the Plaintiff, D, and F forest land 7,736m2, G clan (hereinafter “foreign clan”) drafted a written agreement with the following contents (hereinafter “instant third party agreement”).
Party: [A: D] [the owner of E land and the new owner of E land: the Plaintiff] and [A] A may use a passage route of not less than 6m in width established on the land C free of charge.
B shall open a passage with a width of at least six meters connected to land C and E, and make it available for the owners of at least 15 lots (current Plaintiff’s ownership) outside the land A and E to use it free of charge.
C Traffic paths connecting land and E shall be the location designated by Gap and E landowners, and they shall be determined with the consent of Eul.
This agreement is confirmed to be reached between Gap who is the present owner of land C and the new owner who purchased it.
C. Around the time of the preparation of the instant three-party agreement, the non-party to the clan prepared a written consent to land use (hereinafter “the first written consent to land use in this case”) with the purport that “the Plaintiff shall have access roads to the land for use (including underground waters) and shall consent to use the F land with the area of 225 square meters as 225 square meters.”
D 2,443 square meters or less prior to C’s ownership.