1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff’s assertion was based on the lien that he acquired from AD Construction Co., Ltd. around April 2010 and paid the necessary and beneficial expenses to KRW 102,626,100 in total, while occupying D buildings on land outside C and four parcels (hereinafter “instant building”). As such, the Defendant, the owner of the instant building, should pay the necessary and beneficial expenses to the Plaintiff.

2. Judgment on the main defense of this case

A. According to the evidence evidence evidence Nos. 1, 2, and 3, the Plaintiff and the Defendant drafted a written agreement (hereinafter “instant agreement”) on December 16, 2014 and authenticated it, and the Defendant shall pay 3.5 million won to the Plaintiff by March 30, 2015. The Defendant immediately opened the instant building and removed all the house and fixtures until March 30, 2015, without impeding the Plaintiff’s access, and waiver of the right to retention and the right to reimbursement of repair costs for the instant building, and waiver of the claim for reimbursement of the above expenses, and no lawsuit is filed under any trade name after the said agreement. ② On the same day, the Defendant prepared a receipt stating that the Plaintiff would not raise any objection to the instant agreement later than the agreed amount stipulated in the instant agreement.

According to the above facts, according to the agreement of this case, the agreement between the plaintiff and the defendant on the necessary expenses and beneficial expenses for the building of this case was concluded.

Therefore, the lawsuit of this case is in violation of the above written lawsuit agreement and is unlawful as there is no interest in the protection of rights, and the defendant's main defense that points this out is reasonable.

B. As to the Plaintiff’s assertion on the validity of the instant agreement, 10 million won shall be paid to the Plaintiff with the agreement money in accordance with Article 2(2) of the instant agreement, and the validity of the agreement shall be agreed upon.