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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a cooperative that obtained authorization for the establishment on June 8, 201 to implement an urban development project using a replotting method by making the Pyeongtaek-si C District as a project implementation district (hereinafter “instant project”).
B. On August 9, 2016, the Plaintiff entered into a compensation agreement with the Defendant with respect to obstacles owned by the Defendant on Pyeongtaek-si D and E (hereinafter “instant obstacles”) on the instant land for the instant project site (hereinafter “instant compensation agreement”).
Article 1 (Formation of Agreement) The defendant shall completely remove or move the obstacles of this case by the time prescribed in Article 5, and the plaintiff shall calculate and pay compensation for losses.
Article 2 (Compensation for Loss) Compensation for the obstacles of this case shall be KRW 104,403,80 (hereinafter “instant compensation”).
Article 3 (Procedures for Payment of Compensation for Losses) (1) The payment procedures for compensation for losses shall be made as follows, and when the defendant claims compensation for losses with all documents requested by the plaintiff, the plaintiff shall pay it as follows, except in extenuating circumstances:
Article 5 (Removal, Removal, Transfer, etc.) (1) The defendant shall completely remove or transfer the obstacles of this case within 60 days after receipt of intermediate payment pursuant to Article 3(1). (2) ① In the event that the defendant fails to remove or transfer the buildings and other obstacles of this case within the deadline, the plaintiff may remove or take procedures for compulsory execution, etc. on behalf of the defendant, and the defendant shall not raise any objection against the removal, etc. (2) the damages of this case (3).