1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The Plaintiff fulfilled all obligations under the instant conciliation protocol to the Defendant, and thus compulsory execution based thereon should be denied. 2) The Defendant’s Plaintiff did not repay obligations under the instant conciliation protocol, thereby repaying obligations under the instant conciliation protocol to corporeal movables attachment. The Defendant has the right to receive compulsory execution expenses from the Plaintiff and the compulsory execution expenses are not repaid, the executory power of the instant conciliation protocol shall not be excluded.

B. According to the judgment, the expenses necessary for the compulsory execution under Article 53 (1) of the Civil Execution Act shall be borne by the debtor, and the expenses for such execution shall be reimbursed by the debtor in preference to the execution. The expenses for such execution may be collected together with the claims indicated in the execution title in the compulsory execution procedure in question, based on the relevant execution title, which serves as the basis for the execution without any separate execution title. Therefore, even in a case of objection, even if the original obligation indicated in the execution title is extinguished by repayment or deposit, the whole executory power of the relevant execution title cannot be claimed unless the expenses for the execution that the debtor

I would like to say.

(2) As seen earlier, the Plaintiff’s performance of the original obligation indicated in the instant conciliation protocol to the Defendant is deemed as follows: (a) as to the instant case; and (b) as to the expenses incurred by the Defendant for compulsory execution, the Plaintiff may not seek for the exclusion of the full executory power of the instant conciliation protocol, insofar as the expenses incurred by the Defendant are not reimbursed even during the execution period.

However, the defendant shall be from the first instance to the trial.