1. The plaintiff's claim is dismissed.

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

Basic Facts

The defendant is a person who has operated the D restaurant in Gyeyang-gu, Gyeyang-gu. The plaintiff is the owner of Gyeyang-gu E and F (hereinafter referred to as the "instant land") and six parcels of land, and G building (hereinafter referred to as the "instant building") was located on the ground of the instant land.

The Plaintiff’s acquisition of the instant land was awarded a successful bid in the voluntary auction procedure for six parcels, other than the instant land, which was owned by H around March 2012 (U.S. High Court Decision 1).

1. The Plaintiff and H agree with each other in order to maximize the added value of six parcels, other than the instant land, in order to make the maximum benefit available, through mutual cooperation.

5. H will resolve all issues related to lien (applicant J), illegal buildings, statutory superficies, and the instant building, etc. concerning the present auction case.

6. The Plaintiff bears a full amount of reasonable costs associated with the instant land. A.

For delivery of the building of this case 30 million won

B. 30 million won for resolving the lien shall be paid immediately after the delivery to the Plaintiff of the certificate of waiver of the lien and the letter of waiver of the building other than the presented one, and H shall deliver the building to the Plaintiff within 15 days.

C. The Plaintiff bears the purchase cost of K 13 square meters necessary to secure access roads to the instant land.

On March 30, 2012, the Plaintiff drafted a written agreement with H as follows with respect to the instant land:

(hereinafter “instant agreement”). On April 3, 2012, H drafted and issued to the Plaintiff a written waiver of statutory superficies with the purport to transfer and waive legal superficies, trees, natural rocks, etc. on six parcels, other than the instant land, on the premise of the observance of the instant agreement.

On October 7, 2012, at around 01:36, a fire occurred in the vicinity of a restaurant, and the instant building was destroyed by fire.

(hereinafter “instant fire”). The main contents of the investigation on the instant fire cause are the instant fire.