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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion as to the cause of claim
A. Around October 23, 2014, the Defendant, who promoted a sports facility and amusement park development project (D tourist resort development project) in the Seocheon-gun, Gyeonggi-do, agreed to transfer the Plaintiff’s graves owned by the Plaintiff’s clan to the Plaintiff’s clan while paying KRW 120 million of the development fund to the Plaintiff’s clan, as well as to pack the access road to the land scheduled for the relocation. In violation of the agreement, the Defendant agreed to pay KRW 300 million of the compensation for damages.
B. The Defendant did not complete the packing of the access road, and the Defendant completed the family work.
Even if the access road was re- removed, it is because the defendant agreed to the packaging construction with the consent of the owner of the access road and agreed to do the construction without obtaining the consent of the use of the land.
C. Therefore, the Defendant is obligated to pay the Plaintiff the remainder of KRW 180 million after deducting the amount of KRW 120 million paid as the development fund from the agreed damages amounting to KRW 300 million, as damages for nonperformance, from the agreed damages amounting to KRW 300 million.
2. According to the records of Gap evidence No. 1, around October 21, 2014, it can be recognized that the defendant, among the plaintiff's clan, agreed to compensate for the amount of KRW 300 million as damages if he/she violated the cement packaging work at the defendant's expense within 10 days after he/she completed the relocation of his/her grave, which is the land reserved for the plaintiff's clan's relocation. However, in full view of the defendant's statement of No. 1-4m, Eul evidence No. 2-1 through 4, Eul evidence No. 2-1 through 5, Eul evidence No. 3-7, Eul evidence No. 8-1, 2, 3-3's testimony or testimony of the witness, the defendant completed the cement packing work on the land owned by He/she around November 1, 2014.