1. The part of the judgment of the first instance against the plaintiff (Counterclaim defendant) shall be revoked.

The Defendant-Counterclaim Plaintiff (Counterclaim).

1. The first instance court, within the scope of the judgment of this court, dismissed the plaintiff's main claim and dismissed the defendant's counterclaim. Since only the plaintiff appealed against the main claim, the scope of the judgment of this court is limited to the main claim.

2. Basic facts

A. The Defendant is the owner of the “instant land” and the latter’s land (hereinafter “instant land”) with the size of 36 square meters and 436 square meters and 2,314 square meters in Echeon-si. The Defendant is the owner of the instant land, and the latter’s land.

B. On August 25, 2014, the Plaintiff entered into a sales contract with the Defendant on August 25, 2014, with a view to using as a access road to the land of the Incheon-si land owned by the Plaintiff (hereinafter “the instant sales contract”). (2) Of each of the instant real estate, the attached Form No. 1-2, and the attached Form No. 1-2, and the attached Form No. 2 (hereinafter “provisional Division”). (5), as a part, the Plaintiff purchased 151 square meters out of the instant land and 2.5 million square meters out of the instant D land at the time of entering into the contract, with the purchase price of KRW 15 million and the down payment of KRW 15 million is paid at the time of entering into the contract, and the remainder of KRW 16 million is paid at December 10, 2014 (hereinafter “instant sales contract”).

2. To obtain permission for development activities as indicated on the provisional partition map and conduct a survey on the division of cadastral works, and sell them in installments;

3. Costs of surveying cadastral works shall be borne by the buyer;

4. The issue of termination of the collateral security (including superficies) shall be borne by the seller (Defendant).

5. The question of intention to remove F, G, and construction is attributable to the seller (the Defendant) and the cost of removal is borne by the buyer (the Plaintiff).

6. The mutual agreement shall be reached only when changing the area.

(In the event of an increase or decrease in the area at the time of subsequent survey, the total purchase price shall be settled at the price of one million won per square year)

C. The main contents of the special agreement between the Plaintiff and the Defendant are as follows.

On December 2, 2014, the Plaintiff and the Defendant conducted a divided survey on the location and area of the land to be traded as a patrolman, and as a result, each land written in the purport of the claim.