1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 11, 199, the Gyeongsung Construction Co., Ltd. (hereinafter “Gyeongsung Construction”) newly constructed 7 and 377 households of apartment units on the ground outside B and 16 lots on the ground from the Defendant-si, Young-si (hereinafter “instant apartment”) and obtained approval for the housing construction plan with a view to opening a access road available for access to the instant apartment and making a contribution in arrears at the time of acceptance.

B. For light construction, the above A.

On May 16, 2001, in order to use it as a site for access roads, a contract was concluded with the Plaintiff and five other parties to purchase the part of 3,003 square meters of 3,003 square meters of land (hereinafter “instant sales contract”) among the part of 8,780 square meters of land (hereinafter “land prior to division”) in Permitted-si, the Plaintiff and five other parties (hereinafter “the part prior to division”). The contract written at the time includes the following contents:

Article 1 (Purpose of Contract) In order to use the light construction for access roads to apartment houses (12m), a sales contract for the land of 3,003m2 out of the land before the division of the plaintiff and five other persons shall be concluded.

Article 9 (Other Matters)

E. Gyeongsung Construction cannot use land purchased from the plaintiff and five other for any purpose other than the purpose of delinquency in payment which is to be donated at the time of acceptance by opening a road.

C. Around December 13, 2001, the land before subdivision was divided into the land of this case into the 3,738 square meters of land E in Yeongdeungpo-gu, Young-gu (hereinafter “E land”), D forest land of 3,003 square meters (hereinafter “instant land”), F forest land of 2,039 square meters (hereinafter “F land”). On December 17, 2001, the ownership transfer registration under the name of Young-si, which was made on the ground of delinquency in payment of contributions was completed.

However, as G apartments (hereinafter “G apartments”) commence the construction of access roads, the residents of neighboring G apartments (hereinafter “G apartments”) filed an objection suit against G apartments, and on April 14, 2004, an action for damages (this Court 2004Gahap5160) was filed against G apartments (hereinafter “G apartments”) and on September 13, 2007 in the above case.