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

Purport of claim and appeal

The first instance court.

Nevertheless, the Defendant did not perform the obligation to transfer ownership based on the above indemnity agreement with respect to the instant real estate, and caused B and his employees to illegally occupy the instant real estate.

Therefore, the defendant is obligated to carry out the registration procedure for transfer of ownership based on the above compensation agreement on November 8, 1988 with respect to the real estate of this case to the plaintiff, to leave B and his employees, and to deliver each of the above real estate to the plaintiff.

2. The testimony of the witness G of the first instance trial alone is insufficient to recognize that the Defendant entered into an indemnity agreement to transfer the ownership of the instant real estate to the Plaintiff on November 8, 1988 by compensating the Plaintiff for the removal of the instant unauthorized building, and there is no other evidence to acknowledge this.

(O) According to the statements of Gap evidence 1-1 to 3, Gap evidence 2-2, Gap evidence 4-9, Eul evidence 17-1 to 4, Eul evidence 1-2-3, and Eul evidence 1-1 to 2-3, the plaintiff shall receive 1,904,400 won as compensation for losses for the non-authorized building of this case from Seoul Special Metropolitan City around October 1988, and one million won as compensation for the right of operation for the newborn infant operated by the plaintiff on November 1, 1988, and the plaintiff received the right of occupation under the N apartmentO of Seoul Special Metropolitan City, Nowon-gu around September 1989. Accordingly, the plaintiff is judged to have received all compensation for the non-authorized building of this case. Accordingly, the plaintiff's claim under the premise that the compensation agreement was concluded between the plaintiff and the defendant is no longer reasonable.

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