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1. The Plaintiff; Defendant C’s KRW 30,00,000; Defendant B and D’s KRW 20,000,000, respectively; and each of them from August 20, 2014.
Reasons
1. Facts of recognition;
A. The Plaintiff became a “1,293 square meters for the F farm site in Nam-si, Namyang-si, 2005,” following division, land category change, merger, etc.
(F) Although a contract was entered into for the purchase of F land (hereinafter “F land”), there was no access road that can contribute to F land, and on December 15, 2005, the land above G 367 square meters was “1,213 square meters before G in Nam-si, Namyang-si, Seoul, by means of a unit conversion of area on May 18, 2006.”
(A) Between H and H managing the G land (hereinafter referred to as “G land”), H established a 4m road in width on G land so that the Plaintiff may have access to F land in G and made it available for the permanent use by the Plaintiff, and the Plaintiff entered into an agreement (hereinafter referred to as the “instant agreement”) that “H will return the amount received by H in full to the Plaintiff where a civil or criminal problem arises with respect to the foregoing agreement, and the contract (hereinafter referred to as the “instant agreement”) that “H will return the total amount received by H in the event of a civil or criminal problem with respect to the foregoing agreement, and invalidate the agreement (hereinafter referred to as the “instant agreement”).
B. In accordance with the instant agreement, the Plaintiff paid to H a total of KRW 70 million on December 15, 2005, which was on the date of the said agreement, including KRW 30 million, KRW 20 million on March 24, 2006, and KRW 70 million on May 2, 2006.
C. Since then, H completed the registration of ownership transfer in its name on May 18, 2006 without constructing a 4m road in width on G land. Since then, H sold G land to I on April 12, 2007 without having opened a 4m road in width as stipulated in the instant agreement on G land, and completed the registration of ownership transfer to I on April 17, 2007.
Meanwhile, the Plaintiff sold the F land to J on July 21, 2006 without completing the registration of ownership transfer after purchasing it from E, and accordingly, on F land.