1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant: (a) promoted a project to create a DNA complex in the Dongcheon-si C House on January 5, 2012 to open access roads therein; (b) was designated as the implementer of the urban planning facility project (FF, MiddleroG, small H; hereinafter “instant urban planning facility project”); and (c) obtained authorization of the implementation plan; and (d) the Plaintiff is a person who operates a landscaped farm with the trade name “I” in the vicinity of the instant urban planning facility project implementation site.

B. On October 15, 2012, the Defendant agreed with the Plaintiff to pay KRW 100,000,00 as compensation for losses incurred from the removal of all obstacles (a total of KRW 59,320,000 in appraisal value) owned by the Plaintiff on the land of the instant urban planning facility project among the implementation site of the instant urban planning facility project (hereinafter “instant agreement”), and paid the agreed amount to the Plaintiff on November 11, 2012.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 3, and 6 (including Serial Nos. 1, 3, and 6), the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion (1) The Defendant’s tort committed by the Defendant without specifically notifying the facts constituting the basis of the instant agreement, such as ① the accurate location of the new road, the entrance and entrance plan of the new road, etc., leading the Defendant to the agreement by explaining as if the obstacles (e.g., landscape trees) subject to the instant agreement were transferred. ② The instant agreement did not provide room for termination or alteration, and ③ the construction was carried out without compensating for losses other than the removal of obstacles subject to the instant agreement at all. The Defendant’s act is a tort in violation of the duty to faithfully consult on compensation or the principle of good faith.

(2) The Plaintiff suffered the following damages due to the Defendant’s unlawful act as above.

① At the time of the instant agreement.