Text
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. Basic facts and
2. The reasoning for the court’s explanation on this part of the parties’ assertion is as stated in 1.1 and 2.2.1 of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
3. Determination
A. The following facts are acknowledged according to the results of inquiry into the following facts, based on the following facts, based on the following facts: (a) evidence as seen earlier, Gap evidence 8, Gap evidence 9-1, 2, 5, Gap evidence 13 through 15, 20, Gap evidence 5, Gap evidence 9-3, 4, Gap evidence 21, and Gap evidence 21, and the results of inquiry into the head of the first instance court's office.
① On October 10, 200, the transfer date of the instant sales contract, the Plaintiff purchased from K, on October 10, 200, Q238 square meters adjacent to each of the instant lands, Q22 square meters prior to S, 452 square meters prior to R, and 963 square meters prior to R, and completed the registration of ownership transfer on the said lands on November 1, 200.
② The above land was a blind-out 688 square meters prior to the division owned by the Defendant, which was impossible to enter the land without going through a 688 square meters prior to the said division. K used it as an access road with the Defendant’s consent, and P, who is the Plaintiff and the Plaintiff’s partner, was a road packing work at this place.
③ At the time, K owned T 455 square meters (the land category was changed to a factory site in August 28, 2002) prior to the 455 square meters (the land category was changed to a factory site in August 28, 2002), which is adjacent to the north, of the said fin R’s land. However, the Plaintiff agreed to acquire the said U’s land by installments, other than the U.S. land, and even if the Plaintiff acquired the said U’s land between K and V on February 7, 2002.
④ Meanwhile, on January 15, 2003, P purchased W forest land of KRW 1,619 square meters located in the same east of 2941 square meters of I forest land before subdivision from G from G on January 15, 2003 (the contract amount of KRW 2 million on the day, and the remainder of KRW 6 million on the day, payment on February 6, 2003), and completed the registration of ownership transfer on the said land on February 6, 2003.
⑤ Before the conclusion of the instant sales contract, the Plaintiff transferred to K the amount of KRW 10 million on December 30, 2003, KRW 25 million on February 16, 2004, and KRW 25 million on February 16, 2004 to K, respectively.
6. The case