1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff is running a restaurant business in the name of “G” in the above building by leasing the building on the ground of the Dong-gu Busan Metropolitan City D (hereinafter referred to as “Plaintiff”) from E and F (hereinafter referred to as “E, etc.”) which is its owner.

The Defendants purchased land and buildings of the Dong-gu Busan from February 27, 2013 to build urban residential housing.

(hereinafter “Defendant’s land” and “Defendant’s side building” are adjacent to the Plaintiff’s building and its outer wall.

As a result of surveying the Defendant’s land, the Defendants confirmed that part of the Plaintiff’s building partially infringed on the boundary of the Defendant’s land.

On April 25, 2013, the Defendants, E, and I, the father of the Plaintiff, drafted an agreement with the following contents:

(B) Nos. 2 and 1 (hereinafter “instant agreement”). E, etc. and I agree to remove the part of the Plaintiff’s building on the part of the Defendant’s land, after verifying relevant boundary surveying documents.

The defendants shall endeavor to minimize damage to the plaintiff's building in removing the defendant's old building.

Where damage, such as hole, occurs to the walls of the building owned by E, etc. in the course of removing the Defendants, the repair work shall be executed in consultation with E, etc. and no civil or criminal liability shall be imposed.

In executing construction works on the Defendant’s land, E, etc. and I shall not raise any objection, such as civil petitions.

The Defendants shall not be held liable for civil or criminal liability, such as damages, in connection with the security intrusion of the Plaintiff’s building in the event of the implementation of all the above matters.

From the end of April 2013, the Defendants removed the building of the Defendant’s side and performed the construction of officetels of the 7th floor size on the land on the Defendant’s side (hereinafter “instant construction”).

On December 20, 2013, the Plaintiff is the Defendants to Dong-gu Busan Metropolitan City.