1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 23, 2015, the Plaintiff, a representative of A (hereinafter “the deceased”) drafted a written agreement with the Defendant (hereinafter “instant agreement”) with the following.

The Defendant and the Plaintiff’s agent agreed to KRW 5,00,000 as the Defendant and the Deceased’s agent are expected to suffer inconvenience and property damage, such as noise dust and vibration, in the construction of reinforced soil adjacent to the deceased’s house.

In addition, the defendant paid 10,000,000 won to the deceased on the condition that the part of landscaping and the part of the upper part of the permission, among the contents of the viewing permission that have been adjusted twice, can be solved smoothly (the best in viewing).

10,000,000 won shall be paid until September 15, 2015.

B. On September 15, 2015, the Defendant paid KRW 5,000,00 to the Deceased.

On August 3, 2016, the deceased died in the process of a trial at the trial, and on August 3, 2016, the deceased succeeded to the property of the deceased and succeeded to the inheritance of the deceased by the Plaintiff, the son, the E, F, G, and H.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Summary of the parties' arguments

A. According to the instant agreement, the Defendant paid only KRW 5,000,000 among the KRW 10,000,000 under the agreement to pay by September 15, 2015.

Therefore, the defendant is obligated to pay the remainder of 5,000,000 won and damages for delay to the plaintiff and the selected parties in proportion to their shares.

B. Under the Defendant’s instant agreement, the landscaping portion and the upper part of the body of the body of the deceased to be resolved by the deceased cannot be modified by the permission-granting agency, and the Plaintiff demanded KRW 10,000,000 to the Defendant on the condition that the Plaintiff would only resolve the problem, and instead, the deceased who failed to fulfill the above conditions shall return the above KRW 5,00,000 to the Defendant.

3. The deceased is fully responsible for the obligations under the instant agreement.