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.

1. The court's explanation on this part of the basic facts is the same as the reasons stated in Paragraph 1 of the judgment of the court of first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the above lease agreement was not terminated because the Defendant did not notify the Plaintiff of the refusal to renew the above lease agreement, so the executory power of the above mediation protocol should be excluded. Moreover, since the Plaintiff and the Defendant agreed to withdraw the above building name after the mediation agreement, and agreed not to enforce compulsory execution under the above mediation protocol, compulsory execution under the above mediation protocol should be denied.

B. Determination conciliation is established by stating the agreed matters between the parties in the protocol, and the protocol has the same effect as a final and conclusive judgment, such as a protocol of judicial conciliation, and thus has the same effect as a protocol of judicial conciliation, and if conciliation is established between the parties, the rights and obligations relationship based on the previous disputed legal relationship is extinguished and a new right and obligation relationship is established according to the content of conciliation (see, e.g., Supreme Court Decision 2005Da32814, 32821, Jun. 29, 2006).

In addition, in case where the executive titles subject to a lawsuit are the conciliation protocol having the same effect as the final and conclusive judgment in a lawsuit of objection demanding the exclusion of executive titles with executive titles, the reasons for the plaintiff's objection is limited to the reasons that occurred after the establishment of the protocol.

In light of the above legal principles, the reason for the renewal of the above lease agreement is the reason before the above mediation is established, and it cannot be the reason for the objection, and the statement of evidence Nos. 1 through 6 (including the number of pages) alone does not make compulsory execution according to the above mediation protocol after the above mediation is established.