1. The plaintiff (the quasi-Appellant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Quasi-Review Plaintiff).

1. Facts of recognition;

A. On October 11, 2013, the Plaintiff filed a lawsuit against the Defendant seeking removal, delivery, etc., such as the purport of the claim, with the Seoul District Court Jinwon Branch Branch 2013da12576.

B. On May 22, 2014, when both the Plaintiff and the Defendant were present, conciliation was concluded with the following contents, and the conciliation protocol (hereinafter “instant conciliation protocol”) was prepared.

Conciliation Provisions

1. By June 30, 2014, the Plaintiff transferred the ownership of the C. C. 79 square meters to the Defendant by the date of transfer.

2. The Defendant shall pay the Plaintiff KRW 4,800,000 to the Plaintiff at the same time as the ownership of the above real estate is transferred from the Plaintiff.

3. The plaintiff waives the remaining claims.

4. The costs of lawsuit and the costs of mediation shall be borne each by one half.

[Ground of recognition] Unsatisfy, Gap evidence No. 13, the purport of the whole pleadings

2. The Plaintiff’s assertion 1) although the Plaintiff and the Defendant agreed on May 22, 2014 to pay KRW 1.5 million per annum to the Plaintiff on the date of mediation set by Changwon District Court Jinwon Branch 2013Kadan12576, the Defendant prepared the instant protocol of mediation without omission of the pertinent agreement, the instant protocol of mediation asserts that there exists a ground for quasi-deliberation under Article 451(1)9 of the Civil Procedure Act. However, Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted on important matters affecting the judgment), among the grounds for retrial on the final and conclusive judgment, the same defect as omission of judgment that may arise in relation to the entry in the grounds for retrial among the grounds for retrial on the final and conclusive judgment is anticipated.

(See Supreme Court Decision 2004Da27167 delivered on February 23, 2006). In light of the above legal principles, conciliation is established as follows: (a) the Plaintiff waives the remainder of claims on the date of the conciliation that the Plaintiff directly attended; (b) the conciliation is established; and (c) the content of the conciliation clause is specified in the instant conciliation protocol, as seen earlier; and (c) therefore, the Plaintiff is in the instant case.