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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. Facts of recognition;
A. On February 12, 2010, the Plaintiff received a claim amounting to 275,614,246 (No. 201, Busan District Court 201; hereinafter “the instant order”) and a collection order for the seizure and collection of the claim amounting to 275,614,246 (No. 2011, Busan District Court 201; hereinafter “the instant order”) on February 18, 2010, with the executory exemplification of the case No. 2007Da22494 from the Busan District Court 207Dahap22494 as the executory title.
The seized claim of this case was “The amount until it reaches the above claim amount out of the sales amount already incurred due to a contract entered into between the Defendant and soil development, proceeds from sales in the future, and all profits accrued from the settlement of accounts after completion of construction (hereinafter “the proceeds of this case”) with respect to a lot construction project (hereinafter “the project of this case”) which is constructed on the land outside Busan-gu Busan-gu and 112 lots.”
B. On February 21, 2011, the Plaintiff, upon the instant order, filed an application for conciliation against the Defendant for the conciliation of KRW 275,614,246 (Seoul Central District Court 201s.676), and on April 12, 2011, a decision in lieu of conciliation (hereinafter “instant decision”) was finalized as follows.
(1) The defendant is not sufficient to respond to the plaintiff's inquiry about the settlement process related to the instant project between soil development and soil development in good faith.
② When settlement relating to the instant business is completed, the Defendant shall immediately notify the Plaintiff of the result of settlement.
C. The ownership transfer and soil development of each real estate of this case has been acquired in order to implement the project of this case by acquiring the ownership of the real estate indicated in the attached Form (hereinafter “instant real estate”).