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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of the court of first instance as to this case is "3 to 5 of the judgment of the court of first instance" but since the above condition is fulfilled and Paragraph 1 of the conciliation protocol of this case becomes null and void, the plaintiff's claim seeking grant of execution clause of this part is without merit.
"The plaintiff deleted and reduces the claim in the trial." It is no longer subject to the judgment of this court, and it is to delete it.
[Attachment 2] The owner of the building 2. "2. The owner of the building: the defendants' owner "B": the defendant et al. used to add the following judgments to the plaintiff's assertion in the trial, and therefore, it is identical to the corresponding part of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff added the judgment of the court of first instance: (a) pursuant to the judgment of the court of first instance, the plaintiff has already been granted the execution clause of the conciliation protocol of this case; (b) completed compulsory execution; and (c) the owner's name was changed from the defendant to the plaintiff; and thus, (d) the defendant's appeal is asserted that there is no benefit in appeal; (b) so, the fact that the court of first instance declared provisional execution by the court of first instance is significant in this court while rendering a judgment as stated in the above purport of appeal; but (c) the effect of execution based on the judgment with a declaration of provisional execution is not definite, but is a condition to cancel the declaration of provisional execution or the judgment on the merits at the appellate court of the next day, so if the creditor obtains satisfaction by the declaration of provisional execution, the propriety of the claim shall be determined without considering the result of the execution (see, e.g., Supreme Court Decision 2011Da35722, Sept. 8, 2011).