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1. The instant lawsuit was concluded on July 27, 2017 upon the completion of conciliation.
2. The costs of lawsuit incurred after the completion of the lawsuit.
Reasons
1. Basic facts
A. On October 25, 2016, the court of first instance rendered a judgment with respect to the instant case as follows:
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) remove a retaining wall and wall located on the ground level 5.8 square meters in part (B) on the part of 5.8 square meters in the ship, which connects each point of the attached Form 9, 10, 6, 7, and 9 among the area of 112.4 square meters in Busan Jung-gu, Busan;
B. The above A.
To deliver each part of 3.7 square meters inboard (C) that connects each point of 8, 9, 7, and 8 of the same drawings on board (B) section 5.8 square meters and the same drawings to each point in sequence;
C. B from September 19, 2014
The amount of money shall be paid at the rate of KRW 63,650 per month from the date of completion of delivery of the portion of 5.8 square meters in a ship and the portion of 3.7 square meters in a ship to the date on which the delivery is completed.
2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
(a) remove the 3-story building walls and fences on the ground area of 22.1 square meters on the ship (A) section 22.1 square meters, which connect each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the 286.7 square meters in Busan Jung-gu, Busan, in sequence;
B. The above A.
To deliver part (A) in a ship 22.1 square meters in the ship;
C. From November 6, 2014, the above-mentioned A
The amount of money shall be paid at the rate of 148,070 won per month until the completion date of delivery of the portion of 22.1 square meters in a ship entered in the port.
3. The plaintiff (Counterclaim defendant)'s remaining claims are dismissed.
4. Of the costs of lawsuit, the part incurred by the principal lawsuit shall be borne by the Defendant-Counterclaim Plaintiff, and the part incurred by the counterclaim by the Plaintiff-Counterclaim Defendant, respectively.
5. The above paragraphs 1 and 2 can be provisionally executed.
B. Accordingly, only the Defendant brought an appeal against the Defendant among the judgment of the first instance court, that is, the cited part among the claims of the principal lawsuit of this case.
1. The plaintiff (Counterclaim defendant) waives his principal claim.
2. The Plaintiff (Counterclaim Defendant) may remove, regardless of the type, the underground structures of the area of 112.4 square meters and the area of 11.5 square meters in Jung-gu in Busan, Jung-gu in Busan, and the area of 11.5 square meters in Busan. The Defendant (Counterclaim Plaintiff) did not object to the removal of the same insofar as it does not interfere with the safety of the second floor building on the area of 286.7 square meters in Busan, Jung-gu in Busan.