1. Of the judgment of the court of first instance, the part against the Plaintiff, which orders the refusal of further compulsory execution below.

1. The plaintiff filed a claim against the defendant for non-performance of compulsory execution based on the conciliation protocol as of October 27, 2005 against the defendant, the Gwangju District Court 2005Gahap284 case against the defendant.

The court of first instance accepted only the denial of compulsory execution on the part of ordering the execution of the procedure for ownership transfer registration under the above protocol, and dismissed the remaining claims of the plaintiff.

Accordingly, the Plaintiff appealed only for the part on which compulsory execution pursuant to Articles 3, 4, 5, and 6 of the above conciliation protocol is denied, and the scope of the trial of the party is limited to the above part.

2. Basic facts

A. The Plaintiff is a council of occupants’ representatives consisting of occupants who purchase “A apartment and commercial building” (hereinafter “instant building”) which is a main complex building to be newly constructed in the Nam-gu, Gwangju and three parcels from Co., Ltd. (hereinafter “C”), and succeeded to the status of the seller and the contractor of the instant building from C around September 2000, which entered into the company reorganization procedure.

B. The defendant, who succeeded to the status of the contractor C on October 15, 2002, was awarded a contract for the construction of the building of this case in KRW 9.57 billion, and completed the construction work around September 2004, but did not receive the balance of the construction work.

C. In around 2005, the Defendant filed a lawsuit against the Plaintiff for the payment of the construction cost (Seoul District Court 2005Gahap284), and on October 27, 2005, the conciliation was concluded between the Plaintiff and the Defendant, and the main contents thereof are as follows.

(hereinafter referred to as “instant conciliation,” and the details of the conciliation are as follows: (a) A conciliation clause (Evidence A) pursuant to the provisions stated in the conciliation protocol; (b) A conciliation clause (Evidence 1)

1. The construction cost to be paid by the Plaintiff to the Defendant is KRW 9,670,00,000 (including the civil petition treatment cost of KRW 100,000,000). Of them, the cash payment is KRW 6,759,00,000, and the substitute payment is KRW 2,911,00,000.

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