1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

On March 14, 2012, the Defendant filed a lawsuit seeking construction cost payment of KRW 118,643,750, and delay damages for the construction of housing site from March 25, 2012, asserting that the Defendant, upon filing a lawsuit against the Defendant’s claim for the construction cost against C, did not pay KRW 118,643,750, while inserting a vehicle for the construction work for the purpose of the civil construction for the creation of housing site from March 14, 2012 from the public land owned by C (hereinafter “the construction site of this case”) to the Daejeon District Court as the Defendant on July 25, 2012.

(hereinafter referred to as “instant case.” The instant court had designated the sentencing date on February 7, 2013 by proceeding two times with respect to the instant case on the date of pleading, but had continued on March 12, 2013. The conciliation date was proceeding at the time when the Plaintiff, who was seeking to purchase the instant land owned C, was present at the time of the intervention of the conciliation intervenor.

At the time, conciliation was concluded between the Defendant and C who is a party to the instant case and the Plaintiff, the Intervenor, and the Mediation Intervenor, with the following contents:

(hereinafter “instant conciliation”). 1. The Plaintiff shall pay KRW 78,00,000 to the Defendant, and KRW 25,000,000 shall be paid KRW 25,000 until March 31, 2013, and KRW 25,00,000 until April 30, 2013, and KRW 28,00,000 shall be paid in installments until May 31, 2013. If the Plaintiff delays the payment of the said amount at once, it shall lose the benefit of time, and shall pay damages for delay at a rate of KRW 20% per annum from the date following the date of delay until the date of full payment.

2. By March 15, 2013, the Defendant withdraws an application for provisional seizure from the land owned by a person other than C and cancels its execution with respect to each of the lands divided from the land divided from the land divided from the land owned by a person other than C, i.e., the object of provisional seizure application for real estate provisional seizure by the Daejeon District Court, Daejeon District Court Decision 2012Kahap75

3. The defendant shall take the construction site of this case.