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1. The defendant is on the ground of an agreement on December 28, 2006 with respect to C forest land of 310 square meters at the time of polyping to the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of 1,276 square meters prior to D prior to the subdivision (hereinafter “D”). F forest land 1,342 square meters, G field 3,038 square meters, and H is the owner of 3 square meters prior to the subdivision and 12,245 square meters of J forest and field.
On November 13, 2006, the Defendant purchased K 3,197 square meters adjacent to each of the above lands owned by the Plaintiff and H and completed the registration of ownership transfer on the 20th of the same month after purchasing it.
B. On December 24, 2006, the Defendant purchased 90 square meters from H from H on December 24, 2006 in the amount of KRW 10 million among the three-thirds of I forest land in order to build roads leading to K land.
C. For the same reason, on December 26, 2006, the Defendant concluded an agreement with the Plaintiff on December 28, 2006, on the following (hereinafter “instant agreement”) with the Plaintiff to open a road on the part of D and F land owned by the Plaintiff.
On December 26, 2006, the current status of consent to the use of a site for the construction of a road shall be based on the installation of a shoulder and the photograph.
D Forest land owned by H adjacent to D shall be transferred after road construction.
At the time of the opening of a road, rainwater shall not flow into D and G.
The daily sewage generated in K shall not interfere with G.
The monetary problem that occurs to this end is exclusively in K.
If, until December 31, 2010, the opening of a road is not effected, this case must be null and void.
Since then H-owned I, J land, F, D, and G land owned by the Plaintiff were divided on May 15, 2009 and May 18, 2009 as follows.
H-owned land: (a) 12,245 square meters of forest land J. 12,275 square meters of forest land J. 12,277 square meters of forest land J. 12,180 square meters of forest land J. 12,276 square meters of 12,276 square meters of forest land; (b) 3,038 square meters of forest land 2,828 square meters of forest land; (c) 1,161 square meters of 25 square meters of forest land owned by the Plaintiff; (d) 1,276 square meters of forest land J. 12,245 square meters of forest land; and (e) 226 square meters of forest land G 25 square meters of 25 square meters of forest land of 3,038 square meters of forest land owned by the Plaintiff;
E. The defendant among the lands divided as above, L, S, P, M,O, Q, R.