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1. Of the 2224 square meters in annexed drawings 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, 40, 41, 42, and 42, among the 2224 square meters in Chungcheongnam-gun, Hongsung-gun, Chungcheongnam-gun;
Reasons
1. Facts of recognition;
A. On November 16, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase the divided amount of KRW 2645 square meters for KRW 90 million (hereinafter “instant sales contract”) from the north-west top of the 4869 square meters in Hong-gun, Chungcheongnam-gun, Hong-gun, by dividing the amount of KRW 800 square meters from the north-west top of the 4869 square meters (around 2645 square meters).
B. Accordingly, the Plaintiff’s ownership transfer registration under the Plaintiff’s name was completed as of December 20, 2013, based on the instant sales contract, for the instant land divided into a 2645mm2 (hereinafter “instant land”) and a 2224m24m2 (hereinafter “instant land”). As to the instant land, the Plaintiff’s ownership transfer registration was completed on the ground of the instant sales contract, as of the Hongsung branch of the Daejeon District Court, as of December 20, 2013, received on December 20, 2013.
C. At the time of the instant sales contract between the Plaintiff and the Defendant, the Plaintiff and the Defendant entered into a special agreement with the effect that “The prop (a seller) of the lower end of the land (the instant C) after the sale by partition grants a written consent to land use that the purchaser approves to pack up to 4 meters in width so that the land may be used for the purpose of entry into the purchased land.” The Defendant entered the purpose of use of the instant land owned by the Defendant as entry into the land and granted a written consent to the use of the land, which read “orly approves the use of the land, may be used for any purpose, such as the building site or road site, by changing the form and quality of the instant land or the diversion of farmland, and may be used only
Of the instant land, the entry route of 4 meters wide from the instant land owned by the Plaintiff according to the boundary line on the left-hand side of the instant land is indicated in the attached drawing Nos. 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, and 27, which connects each point of (b) part of the instant land (hereinafter “land in dispute of this case”).
E. On the other hand, around March 2015, the Plaintiff used 6 million won to enter and enter the instant land.