The plaintiff's appeal is dismissed.

All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

The defendant shall pay to the plaintiff the amount of KRW 7,777,418 and the amount at the rate of 25 percent per annum from September 23, 1983 to the date of full payment.

The costs of lawsuit shall be assessed against the defendant in both the first and second trials and a declaration of provisional execution.

The plaintiff's claim corresponding to the above cancellation shall be dismissed.

The judgment that the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

On June 28, 1984, which was after the judgment of the court below, the plaintiff and the defendant paid 6,000,000 won to the plaintiff, and 11,000,000 won to the plaintiff and 11,000,000 won, and instead, the plaintiff agreed to terminate the civil dispute of this case as well as the withdrawal of the appeal of this case. Thus, the plaintiff's appeal of this case should be dismissed as there is no interest in the protection of rights. However, although it is acknowledged that the plaintiff agreed to withdraw the appeal of this case only with the testimony of the evidence Nos. 7 and No. 8 (Receipt) and the testimony of the trial witness at the trial of the party, the above argument by the defendant is groundless.

2. The following arguments shall be examined:

In light of the above fact that the plaintiff transferred the above real estate to the non-party 1 and the non-party 2 were not entitled to 30 percent of the total amount of the rent 1 and the rent 40 percent of the rent 1 and the rent 20 percent of the rent 1 and the rent 30 percent of the rent 1 and the rent 40 percent of the rent 1 and the rent 30 percent of the rent 1 and the rent 40 percent of the rent 1 and the rent 40 percent of the rent 1 and the rent 40 percent of the rent 1 and the above rent 40 percent of the rent 1 and the rent 5 percent of the rent 1 and the rent 5 percent of the above rent 1 and the rent 1 and 40 percent of the rent 1 and the above rent 1 and 40 percent of the rent 1 and the remaining amount of the rent 20 percent of the rent 3 and the above rent 40 percent of the rent 1 and the remaining amount of the rent 21 and the defendant 28 percent of the rent 2.

Of the above amount of KRW 16,00,000 among the above amount of KRW 25,604,839, the Defendant asserted that the Plaintiff: (a) on July 21, 1983, the Defendant had taken over the above right of lease against the Defendant and the non-party 1, who given the above right of lease, and (b) waived the claim for the entire payment of KRW 6,00,000,000; (c) however, the Plaintiff asserted that the Defendant renounced the claim for the entire payment of KRW 3,00,00 from the non-party 1,2 (written confirmation) of the evidence No. 3-2 (written confirmation) corresponding thereto; (d) the testimony of the witness of the court below and the witness of the court below is insufficient to prove the above assertion based on the evidence No. 2 (certificate signed by a private person)

The following facts are 15,00,00 won loans to the non-party 1 and the non-party 2 agreed that the non-party 3 shall pay interest at 10,00,000 won monthly for 10,000 won which is payable to the defendant. The non-party 1 shall not be paid for 15,00,000 won and interest at 10,000 won which are payable to the non-party 30,000 won for 10,000 won and 10,000 won which are payable to the non-party 30,00 won for 10,000 won and 10,000 won which are payable to the non-party 30,000 won for 10,000 won and 10,000 won which are payable to the non-party 3,00 won for 10,000 won which are delivered to the non-party 1 and 30,000 won for new evidence.

The defendant asserted that the above passage usage fee from January 1, 1983 to August 1983 is offset against the amount equal to the obligation to return the above lease deposit by using the above passage usage fee as the automatic bond from January 1, 1983, since the defendant agreed to open one passage to the south of the existing entrance other than the preexisting entrance when entering into the lease contract of this case between the non-party Y and the non-party Y, the defendant set up one passage to the south of the above passage usage fee from January 1, 1983 to August 2, 1983, but the testimony of the court below's witness and the defendant Y's testimony to the defendant Y's claim

Thus, the defendant is obligated to pay the full amount of the above recognition to the plaintiff 8,258,066 won (25,604,839 won-17,346,773 won).

Finally, on June 28, 1984, the defendant delivered 00,000 won from the defendant's 6,00,000 won, and one promissory note with a face value of 11,00,000 won, respectively, shall be delivered 00,000 won to the non-party 1 and 80,000 won, and the defendant shall be delivered 8,258,066 won with a face value of 80,00 won with a face value of 0,00 won, and the defendant shall be delivered 10,000 won with a face value of 0,000 won to the non-party 10,000 won with a face value of 80,000 won with a face value of 0,000 won with a face value of 10,000 won with a face value of 80,000 won with a face value of 10,000 won with a face value of 0,0001,0000 won.

3. If so, the plaintiff's claim of this case is without merit, and the court below is justified by accepting part of the plaintiff's claim. Thus, the court below revoked the part against the plaintiff among the original judgment and dismissed the plaintiff's claim corresponding to this part. The plaintiff's appeal is without merit, and it is so dismissed, and it is so decided as per Disposition by applying Articles 96 and 89 of the Civil Procedure Act with respect to the cost of lawsuit.

Judges Kim So-ho (Presiding Judge)