원상복구 및 건물명도
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Determination on the defense prior to the merits
A. The defendant asserts to the effect that, as the plaintiff agreed to withdraw the lawsuit of this case from the mediation date of the relevant civil case during the course of the appellate trial of this case, the mediation of this case was concluded, it is unlawful as there is no benefit of protection of rights.
According to the purport of the evidence No. 11 and the whole pleadings, it can be acknowledged that the conciliation between the Plaintiff and the Defendant has been completed on May 19, 2015, with the content that the Plaintiff would withdraw the instant lawsuit at the conciliation date. Thus, the instant lawsuit has no benefit in the protection of rights.
B. As to this, the plaintiff's withdrawal of the lawsuit of this case is a condition that the defendant withdraws a compulsory auction against D's Goyang Branch D's High Court, and since the defendant did not withdraw the compulsory auction against the above real estate and the conditions have not been fulfilled, the plaintiff's withdrawal of the lawsuit of this case is subject to the withdrawal of the defendant's compulsory auction against D'yang Branch D's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's above assertion is without merit.
2. Thus, the lawsuit of this case is dismissed in an unlawful manner, and the judgment of the court of first instance, which has concluded otherwise, is unfair, and thus the lawsuit of this case is dismissed (see Supreme Court Decision 95Da14817, Jul. 25, 1995). It is so decided as per Disposition.