1. The Defendant’s decision on February 24, 2017 against the Plaintiff was based on the Seoul Eastern District Court Decision 2016Da239074 Decided February 24, 2017.

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff to seek compensation for damages from illegal possession of a building C on the land of the Gangseo-gu Busan District Court 2016Gaso239074, which was the Seoul Eastern District Court. In that case, the argument was concluded on January 17, 2017, and on February 14, 2017, the judgment was rendered that “the Plaintiff shall pay to the Defendant 14,041,492 won per annum and 5% per annum from July 1, 2016 to February 14, 2017, and 15% per annum from the next day to the day of full payment.”

Although the plaintiff appealed against this and filed an appeal, the Seoul Eastern District Court 2017Na22294, the appellate court:

On June 28, 2017, the judgment of the court of first instance (hereinafter referred to as "the judgment of execution of this case") became final and conclusive on March 8, 2017, as the judgment of rejection of appeal was rendered on the grounds of the non-committee agreement in the agreement.

B. On January 18, 2017, the date following the closing of argument in the judgment of execution of this case, the Plaintiff and the Defendant agreed to the same content as the attached agreement (hereinafter “instant agreement”) including the relevant case.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5-2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, since the defendant renounced the claim under the execution judgment of this case by the agreement of this case and the plaintiff on the day following the date of the closing of argument in the execution judgment of this case, compulsory execution under the execution judgment of this case shall be rejected.

The plaintiff's assertion is justified.

3. Judgment on the defendant's assertion

A. First, the defendant asserts that the defendant does not have an obligation to comply with the agreement of this case as long as the plaintiff did not file an appeal against the judgment of execution of this case in the agreement of this case, even though the plaintiff did not file an appeal against the judgment of execution of this case.

The defendant filed an appeal against the judgment of execution of this case against the agreement of this case.