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All appeals by the Defendant-Counterclaim Plaintiff are dismissed.
Expenses for appeal shall be borne by the Defendant (Counterclaim Plaintiff).
Reasons
1. Facts of recognition;
A. The reasoning for this part of this Court is as follows, and this part of the reasoning of the judgment of the first instance is identical to that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of
B. Part 1) The reasoning of the judgment of the court of first instance is as follows: (a) the “G forest 741 square meters” in the fourth mal. 14 is regarded as “G forest 742 square meters”; (b) the ground of the judgment of the court of first instance is as follows.
- Paragraph 3 of section 3 is as follows. The Plaintiff’s building listed in Annex 1 List 1 (hereinafter referred to as “first building”) on the ground is as follows:
However, it became known that he violated the conditions of permission that he should build a new building on the H ground.
2. Determination on the main claim
A. The grounds for this part of the claim related to the first sale and purchase contract are as stated in the part of the “claim relating to the first sale and purchase contract” on the grounds of the first instance judgment, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
B. According to the fact that the claim 1 related to the second sale and purchase contract was accepted, Defendant B is obligated to implement the procedure for the registration of ownership transfer of the second building as stipulated in the second sale and purchase contract’s special agreement.
Meanwhile, the subject matter of the second sale contract is H 660 square meters and 200 square meters of J forest. As seen earlier, H forest was divided into 560 square meters of H forest and 100 square meters of I forest, and J forest was divided into K among them.
In addition to the purport of the entire pleadings as a result of the request for appraisal by an appraiser P belonging to the Korea Land Information Corporation in the first instance court, among the objects of the second sale contract, the Defendant B did not raise any objection against the Plaintiff’s proposal dividing the K funeral land into the size of the area in the width and vertical length after dividing the 200 square meters out of J forests and fields adjoining H land into the boundary line on the horizontal side, and by dividing the relevant area into the horizontal line, and by using the same method, the 660 square meters out of the K land is divided.