A. The Defendant agreed on July 1, 2016, where the Plaintiff was constructing a newly built multi-household house in the adjoining land of Busan-gun, Busan-gun, where the Plaintiff resided, as follows:

1. The owner of a building shall pay the victim a million won of the total amount of money paid by hand to him/her;

- The amount of agreement shall be deposited within three days after signing and sealing the agreement with the bank designated by the victim.

(Provided, That if payment is not made after signing the agreement, it shall be null and void)

2. In principle, damage to a building the victim lives shall be restored to its original state;

- Restoration to the original state of the entire draba project and chemical delegations or installation of fences, etc.;

B. The Defendant did not pay the agreed KRW 15 million until the closing date of the instant pleadings.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Determination

A. First, the Plaintiff demanded the Defendant to pay KRW 20 million for the damages incurred by the Defendant’s construction work. Although the Plaintiff claimed KRW 20 million and KRW 13 million for the construction work cost of the destroyed house, it cannot be deemed that the Defendant is liable to pay KRW 20 million solely on the ground that the Plaintiff requested the Defendant, and there is no evidence to acknowledge the fact that the destroyed house construction cost reaches KRW 13 million.

B. Meanwhile, in the instant agreement, the agreement should be invalidated if the Defendant did not pay the agreed amount, and the Defendant did not pay the agreed amount.

However, the above provision is to practically enforce the payment of the defendant who is the debtor, and if the plaintiff who is the creditor demands the implementation according to the contents of the agreement, it is reasonable to view that the defendant as the debtor cannot deny the contents of the agreement due to his/her nonperformance of obligation.

The Plaintiff is seeking for the payment of money in accordance with the contents of the instant agreement.

Therefore, the defendant raises objection to the plaintiff.