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1. The plaintiff's appeal is all dismissed.
2. All the primary claims against Defendant D and E added at the trial.
Reasons
1. Basic facts
A. F Land is Defendant B and C’s own share of 1/2; H land is the Plaintiff’s own share of the Plaintiff; G land is the land for Defendant D and E, each of which completed the registration of ownership transfer with 1/2 co-ownership shares of each of the above lands (hereinafter collectively referred to as “each of the instant lands”); each of the instant lands is situated upper and lower in the order of F, H, and G in the order of F, H, and G; and I road site is located at the lower right-hand part of the G land.
B. On April 2017, the Plaintiff and the Defendants agreed to construct a road that connects H road sites, G road sites, and I road sites (hereinafter referred to as “each of the instant road sites”) by purchasing an additional road site to build a new road necessary to build a new building on each of the instant land.
C. According to the above consultation, the Plaintiff completed the registration of ownership transfer on the I road site on May 25, 2017. The purchase price of KRW 46,170,000 is to be apportioned according to the ratio of the size of the land owned by the Plaintiff and the Defendants to the entire area of each of the instant land, and the Defendants paid the share amount to the Plaintiff.
In addition, H Road Site and G Road Site were settled by setting the share amount between the Plaintiff and the Defendants according to the aforementioned ratio.
On June 14, 2017, the Plaintiff and the Defendants: (a) under the title of the “Agreement on Opening of Roads”, the Plaintiff and the Defendants: (b) signed an agreement with the parties to the agreement to donate the land owned by them to the parties to the agreement; (c) signed the agreement with the following contents (hereinafter “instant agreement”); (d) signed the agreement, and (e) signed the agreement with the drawings attached thereto.
Part of the instant agreement owners (Defendant B, C)
1. The building permit and completion shall be completed as soon as possible;
2. The earlier time prior to the completion of a building with respect to roads and waterways for which a building permit has been applied after approval;