1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On May 17, 2015, the Plaintiff purchased 700 square meters (740 square meters) from the Defendant and Nonparty C (Defendant’s wife) at KRW 238,000,000,000,000,000 from the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeongnam-gun (747 square meters) and paid 50,000,000 won as the down payment on the following day. The remainder shall be paid up to July 17, 2015, once by July 17, 2015. Since there is no road connected to the said land, the Plaintiff agreed to pay it at that time if the Defendant opened the access road at a width of 4 meters.

B. In order for the Defendant to divide 338 square meters into E among 2,447 square meters before D and not to open an access road, the Plaintiff filed a complaint against the Defendant on November 17, 2015 with the charge of fraud, on the following grounds: (a) while the Defendant purchased 700 square meters and used the remaining 40 square meters free of charge; (b) even when the Plaintiff completed a survey conducted in return for the survey expenses, the Plaintiff did not open the access road; and (c) on October 30 and November 6, 2015, the Plaintiff demanded that the Defendant return the down payment and the survey expenses, and thus, the Plaintiff filed a complaint against the Defendant on the charge of fraud.

C. On November 18, 2015, the Plaintiff and the Defendant agreed to resolve the above dispute. The content of the agreement is that the Defendant paid KRW 10,000 in return for the transfer of shares C (661/2,447) in the above land E to the Plaintiff, instead of transferring shares C in the above land (661/2,47) to the Plaintiff. The Plaintiff, a purchased land, received a loan from a financial institution as collateral and paid the balance. The Defendant delivered the necessary documents, etc. for the transfer of ownership to the Plaintiff, and received the balance

(Date) On February 15, 2016, the date of prohibition of remaining payment was set on February 15, 2016. The Defendant cooperates with the Plaintiff so that the Plaintiff can obtain the farmland ledger, and the Plaintiff anticipated to obtain a loan until that day, and set the same date. The above access road was opened and used.