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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition and the plaintiff's assertion
A. On May 24, 2018, the Plaintiff and the Defendant, on May 24, 2018, intended to remove the existing Defendant church building located on the land outside D and one parcel of land, and to construct the church building (hereinafter “instant construction”).
A) A contract agreement was concluded on May 29, 2018 and July 28, 2018 (hereinafter referred to as “instant contract”) with the amount of KRW 480,000,000 for the purchase price, May 29, 2018.
(2) On September 1, 2018, the Plaintiff concluded a contract deposit amount of KRW 100 million with the Defendant. On September 1, 2018, the Plaintiff prepared a memorandum of waiver of the construction (hereinafter “instant waiver letter”) stating that “The Plaintiff accepted a letter of waiver of the construction work to waive the construction work, taking into account the difficult circumstances of the Plaintiff, making it difficult for the Plaintiff to smoothly perform the construction work as a matter of the closure of the construction work, and does not file any additional demand for construction work and civil or criminal objection, and that the closed company will not be responsible for the discontinuance of the money not paid to the transaction partner to the present day and to deal with the Defendant’s damage.”
【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1-2, and the purport of the whole pleadings
B. The plaintiff asserts that the plaintiff merely prepared a written waiver of the instant case by coercion or intimidation by the defendant, and the defendant is obligated to pay the plaintiff the construction cost equivalent to 5,5160,000 won in total, including personnel expenses, food expenses, transportation charges, etc. incurred while performing the instant construction work.
2. Whether the lawsuit of this case is lawful
A. If there is an agreement not to file a lawsuit even if there is a dispute over a specific legal doctrine or legal relationship (hereinafter “non-committee agreement”), a lawsuit filed in violation of this agreement shall have no interest in the protection of rights, and the parties and litigants shall perform the lawsuit in good faith. Article 1 of the Civil Procedure Act of the parties and litigants shall perform the lawsuit in good faith.