1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 29, 2006, the Plaintiff prepared a cash custody certificate and a written agreement to the effect that “Around approximately KRW 24,000,00,000, in the process of developing an ecological housing complex, with a fixed custody of KRW 300 million, the Plaintiff paid at least 80% of the purchase price of the site in the name of the Defendant, as an intermediate payment, and the principal KRW 300,000,000,000, in full refund by December 27, 2006, and provides one parcel ( approximately 500 square meters) at a place designated by the Defendant for the use of the said amount.”

B. On June 29, 2007, the Plaintiff and D prepared a letter of intent that “The Defendant shall pay the full amount of KRW 130 million,00,000,000,000,000,000,000, out of the liabilities to be repaid to the Defendant under the said cash custody certificate and agreement, shall be paid to the Defendant by July 15, 2007.”

C. The Defendant filed a lawsuit against the Plaintiff and D with the Ulsan District Court 2009Gahap7225, and on March 5, 2010, the said court rendered a ruling of recommending reconciliation that “The Plaintiff and D shall jointly and severally pay to the Defendant the amount of KRW 170 million per annum from July 16, 2007 to January 14, 2010, 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment” (hereinafter “decision of recommending reconciliation of this case”). The decision of recommending reconciliation of this case was finalized at that time.

On November 23, 2010, the Plaintiff prepared a letter to the effect that “ By the end of December 2012, the Plaintiff shall make payment to the Defendant of more than half of the damages under the conditions that he/she did not raise any objection thereto, and deliver it to the Defendant.”

E. On June 26, 2013, the Defendant applied for an auction on the movable property owned by the Plaintiff as the Ulsan District Court 2013No2411, with the title of execution of the instant decision to recommend reconciliation.

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

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties concerned is asserted.