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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 11, 2008, the Plaintiff completed the registration of ownership transfer with respect to E, 3818 square meters (hereinafter “the land before the division”) and 892 square meters (hereinafter “F land before the division”). The Plaintiff completed the registration of ownership transfer with respect to F land before the division.
B. On April 30, 2010, the Plaintiff decided to establish an access road to H land in the E/F land before the division, through an agent G (the Plaintiff’s birth) with Defendant B, on the land before the division. From the land before the division, the Plaintiff: (a) divided the size of 400 square meters and the size of 115 square meters adjacent to Y in the land before the division; (b) installed the access road on the divided land (515 square meters and 156 square meters). From the land before the division to the land before the division, the Plaintiff entered into a sales contract with Defendant B by setting the following agreement: (c) the amount equivalent to 56 square meters provided by the Plaintiff and the remaining 10 square meters; (d) the sales price is KRW 35 million; and (e) the subject matter of the sale is KRW 100/156 of the share of the said 40 square meters that is divided from the land before the division; and (e) the sales contract was entered into with the following agreement:
(1) The following facts are revealed: (i) the sum total of 56 square meters provided by the Plaintiff at 100 square meters purchased by Defendant B, divided into land for road use; (ii) the sum total of 56 square meters provided by the Plaintiff, was jointly owned; (iii) the State was donated to the State; and (iv) the donation was
When making a survey to clarify the division of Sheet Road and the boundary of the real estate B and the real estate of the plaintiff, the defendant B shall notify the plaintiff of the survey schedule, etc. in advance and conduct the survey under the witness
(hereinafter referred to as the “instant special agreement”). 【Defendant B” must install a retaining wall within one meter from the boundary to prevent the infringement of sunshine, drainage, etc. of the Plaintiff’s real estate due to the installation of a retaining wall on the boundary of the F land before the division owned by Defendant B, H and the Plaintiff.
(hereinafter referred to as "the instant special agreement") . The Defendant B is at the time of the construction of the road.