1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Basic Facts

On September 15, 2014, the Plaintiff purchased D 2,681 square meters (hereinafter “D land”) from G from Dong-si, Dong-si, Si, in the purchase price of KRW 71,50,000, and completed the registration of ownership transfer on the same day.

The above D land is adjoining to both E- 1,468 square meters (hereinafter “E land”) and C 183 square meters (hereinafter “instant land”) owned by the Defendant.

Unless the above land passes, access to D land shall not be allowed.

On the other hand, the boundary of land D and E is a axis (hereinafter “instant axis”).

[Ground of recognition] A without any dispute, Gap Nos. 4, 6, 13 (including Serial number), Eul's each entry and video as well as all pleadings, and the legal principles pertaining to determination of the cause of claim as to the whole, should have the agreement between the parties as to the content of the contract in order to establish the contract.

The agreement of such intent is not required with respect to all matters that form the content of the contract, and there is sufficient agreement with the specific intent on essential matters or important matters, or with respect to standards and methods that may specify them in the future.

(see, e.g., Supreme Court Decision 2015Da34437, May 30, 2017). A sales contract becomes effective when one of the parties agrees to transfer a property right to the other party and the other party agrees to pay the price thereof (Article 563 of the Civil Act). In such cases, the mere fact that the contract was not prepared does not affect the formation of the contract.

Judgment

In light of the following circumstances, the aforementioned evidence, the statements and images of evidence Nos. 1, 2, 8 through 12, and 18, the recording files of evidence No. 19, and the testimony of witness F of the first instance trial, which are acknowledged as a whole by comprehensively taking into account the overall purport of the pleadings, sales contract between the Plaintiff and the Defendant on September 1, 2016, with regard to the instant land as KRW 10 million.