1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff’s father C shared F with the land of 646 square meters in Jung-gu, Incheon, Jung-gu, and 1,290 square meters in land (hereinafter “each land owned by the Plaintiff, etc.”) (C 1/3 shares and F 2/3 shares), and C on September 25, 2015, and F completed registration of transfer due to partition of co-owned property by solely owning the said land, respectively.

The plaintiff received D land from C and completed the registration of ownership transfer on October 21, 2015.

B. The Defendant is the owner of 1,017 square meters in Jung-gu Incheon Metropolitan City and 786 square meters in size (hereinafter “Defendant-owned land”) adjacent to each land owned by the Plaintiff, etc.

C. On November 4, 2015, the Plaintiff and F (hereinafter “Plaintiff, etc.”) drafted the same agreement (hereinafter “Agreement”) as the attached Form with the Defendant (hereinafter “Defendant”) in order to construct a part of each land owned by the Defendant to develop each land owned by the Plaintiff, etc., including the Plaintiff, etc.

According to the agreement, the defendant delivered the plaintiff et al. with a written consent to land use regarding part of each land owned by the defendant ("part of consent to use"), and the plaintiff et al. paid KRW 300 million to the defendant.

Plaintiff

An application for permission for development activities, an application for changing the form and quality of land, and an application for road construction have been filed in the name of the plaintiff, etc. for the construction of a new building on each land owned by the plaintiff, etc.

Accordingly, KRW 19,100,00 and KRW 4,439,680 were imposed on the Plaintiff, etc., and the Plaintiff, etc. paid them.

E. On April 2016, road construction was conducted on the part of the approval for use. At the entrance and exit of the road, a longer retaining wall was installed at both edges of the road.

Plaintiff

The above construction cost of the road and the retaining wall was fully borne.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 and 2 (including virtual numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 4-7 and video images, the fact inquiry reply by the head of Jung-gu Incheon Metropolitan City, which is significant to this court, and the purport of the whole pleadings.