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1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from April 18, 2019 to June 4, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. On December 24, 2012, the Plaintiff concluded an access road opening contract (hereinafter “instant contract”) with the content of opening access roads for passage of land owned by the Plaintiff (E and F) on the land owned by the Plaintiff on the ground (E and five parcels outside Incheon-gun) and on the surrounding land (E and five parcels) and registering the creation of easements.
B. At the time of the instant contract, the Plaintiff paid KRW 30,000,000 to the network C for the construction of the access road to the instant case, and the network C agreed to perform the construction on its own responsibility.
C. Article 3(2) of the instant contract is as follows.
The payment of the price shall be made in KRW 20 million at the time of the contract, and KRW 10 million after the completion of the access road construction work.
(2) If the Corporation is not completed within one year from the date of the contract, the Corporation shall promptly return the down payment received to the Plaintiff if the Corporation is not completed within one year from the date of the contract.
(Provided, That the period may be extended upon agreement between both parties)
D. At the time of the instant contract, the Plaintiff paid KRW 20 million to the Deceased as down payment.
E. On June 15, 2014, the Deceased died, and the Defendant, who was the legal spouse of the Deceased, succeeded to the duties under the instant contract of the Deceased.
F. After the death of the deceased, the ownership of the land that was the object of the access road was changed as follows:
1) As to the deceased’s 1/2 shares among G land, the registration of ownership transfer was completed in the name of the Defendant due to the division of consultation, and the registration of ownership transfer was completed in the name of A (1/40 shares) and H (19/40 shares). 2) As to the land I, the registration of ownership transfer was completed in the name of the Defendant on September 11, 2015 due to the division of consultation, and the registration of ownership transfer was completed in the name of H on November 7, 2017.
3) On November 7, 2019, the registration of ownership transfer was completed in the name of H with respect to the land K, which was owned by J, as a whole by the deceased. [The fact that there is no dispute over the grounds for recognition, and No. 1.