1. The defendant's appeal and the request for return of provisional payment are all dismissed.

2. The expenses of filing an application for the return of the provisional payment of the appeal.

1. Facts of recognition;

A. The number of F building stores by the parties, etc. 1) C (hereinafter “C”)

(2) Since around 2003, the building is the building D and E located in Gyeyang-gu, Gyeyang-gu (hereinafter “instant building”).

(2) On October 31, 2003, the Defendant purchased the third floor store No. 308 (hereinafter “instant store”) of the instant building, which was designated as the type of business from C, and completed the registration of ownership transfer for the said store on August 30, 2005.

3) The Plaintiff is a subsidiary of C around October 2007, and is a corporation G (hereinafter “G”) that operated a film theater on the fourth, fifth, and sixth floors of the instant building.

(4) On November 27, 2007, H, a dependent on the Plaintiff, participated in the auction procedure for the third floor No. 316 of the instant building, thereby awarded the contract, and acquired the ownership on August 27, 2009.

5) The Plaintiff operated the film theater at the fourth, fifth, and sixth floor of the instant building, and operated a shop at the store Nos. 316 and 317. B. Around 2006, the Defendant filed a lawsuit against C and G on the ground that C unilaterally changes the location of the instant store located adjacent to the place where C and C are scheduled to be located for the purpose of the store, and operating the store next to it violates the initial agreement by unilaterally changing the location of the store for the purpose of the store for which C and C are scheduled to be located, and by operating the store next to the said place for the purpose of the store for the purpose of the use of the shop for which C and C’s display was planned to be located (Korean Government High Court Decision 2006Da1770,

(1) In the process of the above lawsuit, the following mediation was concluded on November 9, 2006 under the premise that the sales contract for the instant store was rescinded by agreement between C and the Defendant (hereinafter “instant adjustment agreement”) (hereinafter “instant adjustment agreement”)

(p).