1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The defendant asserts that the appeal of this case is lawful, since the plaintiff agreed to withdraw the appeal of this case after the decision of the first instance of this case was rendered, the appeal of this case is unlawful as there is no benefit of appeal.

Therefore, in full view of the purport of the entire pleadings in the statement No. 1 (Protocol of Conciliation), the Plaintiff’s name of the building that the Plaintiff filed against D may also be acknowledged as having been adjusted on September 3, 2014 from the appellate court of the case (Seoul District Court 2014Na100694) to the effect that the Plaintiff would withdraw the appeal of this case. Thus, the Plaintiff’s appeal of this case is unlawful as there is no benefit of appeal.

On the other hand, the plaintiff would withdraw the appeal of this case on the condition that D shall pay in full the unpaid rent, public charge, etc. that D shall pay in full 31,940,762 won. Since D shall pay only 17,99,951 won out of the above amount and did not pay the remainder of 13,940,811 won, the agreement on the withdrawal of appeal is invalid. However, there is no evidence to prove that D has agreed on the withdrawal of appeal under the above condition. However, according to the adjustment clause of the above mediation protocol (Evidence B), the plaintiff merely stated "4. The plaintiff shall withdraw appeal of the Daejeon District Court 2014Na10474, which was brought against the defendant's wife B, and it can be found that any condition has not been imposed. Accordingly, the plaintiff's above assertion is without merit.

2. It is so decided as per Disposition by the assent of all participating Justices on the bench, since the plaintiff's appeal is unlawful.