1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. As the Plaintiff constructed a road on each real estate listed in the separate sheet owned by the Plaintiff (409 square meters, among 7,910 square meters of woodland 7,910 square meters, prior to the division, hereinafter “instant real estate”), and used it as the Plaintiff’s access to the instant real estate, etc., B filed an application against the Plaintiff for provisional disposition prohibiting the use of the instant real estate under the head of Gwangju District Court Support 2012Kahap12 on the ground that the Plaintiff occupied the instant real estate, etc. without permission. On May 30, 2012, the said court decided on May 30, 2012 that “The Plaintiff removed the said road to B and delivered the instant real estate, etc.,” and the said

B. On June 27, 2012, the Plaintiff requested B to sell the instant real estate as the road, etc. used as the only access by the Plaintiff was removed, and entered into a sales contract with B as to the instant real estate (hereinafter “instant sales contract”). The main contents are as follows. The Plaintiff paid KRW 39 million out of the sales price to B.

In the event that the Plaintiff completed the installment payments of KRW 49 million as follows, B transferred ownership of the instant real estate to the Plaintiff who wishes to do so.

① On June 27, 2012: KRW 5 million; ② on August 25, 2012, 2012: KRW 4 million: KRW 300,000: KRW 10 million: KRW 4 million on September 25, 2012: KRW 40 million on November 25, 2012: KRW 50,000: KRW 10 million on February 17, 2013: KRW 10 million on March 31, 2013; KRW 60 million on March 31, 2013: KRW 10,000; and KRW 10,000 on the remainder of the period shall be added to delay damages calculated at the rate of 10% per annum.

C. As the Plaintiff’s representative director and the husband of E, F operated “H” located in E and Jeonnam-do G. On March 22, 2013, when they were subject to criminal trials due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) with respect to E, the agreement between E and the following is deemed to be the “instant agreement.”