1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 21, 2014, the Defendant entered into a contract on the removal of obstacles within the project site with the Marinemons Co., Ltd. (hereinafter “Lmons”) which was the implementer of the construction project of the apartment housing B in Gwangju City (hereinafter “instant project site”), and the main contents thereof are as follows.

The name of construction: B The construction period for the removal of the project site for the apartment complex B in Gwangju City: the contract price within 60 days from July 28, 2014 to July 28, 2014 (Provided, That in the case of civil petitions, coordination shall be made through mutual consultation): 429,000,000 won ( = supply price of value of 390,000,000 won value of value-added tax of 39,00,000 won)

(a) Contract deposit: 85,800,000 won - Within 10 days after the contract is concluded; and

(b) Part payments: 128,700,000 won - Within 10 days after completion of 60 percent of the total removal rate;

(c) Balance: 214,50,000 won - The rate for liquidated damages within 10 days after the completion of the entire site removal and the completion of the rental business: 0.1% per day; and

B. On September 16, 2014, the Plaintiff entered into a contract on acquisition of the ownership and business rights of the instant land for the instant business with the EmonS.

C. On December 17, 2014, with respect to the removal of the instant project site between the Defendant and the Plaintiff on December 17, 2014, the construction cost is as above.

The contract for construction works (hereinafter “instant contract for construction works”) was newly concluded by newly setting the rate of liquidated damages from December 17, 2014 to January 9, 2015, with the exception of the amount already paid in the construction cost of KRW 429,00,000 as KRW 214,50,000,000, and the period of construction works from December 17, 2014 to January 9, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 16, Eul evidence 1 and 2, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. A retaining wall and a stone embankment in the vicinity of the instant project site (hereinafter “instant retaining wall and stone embankment”) are included in the subject of removal under the instant construction contract in the said project site.

Nevertheless, the Defendant’s retaining wall and stone embankment can be used for more than one year from January 9, 2015, the term of construction under the instant construction contract.