1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

The Defendants’ assertion against the Plaintiff.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

On March 19, 2009, the Plaintiff entered into a lease contract (hereinafter “instant contract”) with Defendant B on a deposit of KRW 30,00,000, monthly rent of KRW 600,000, and the period from March 19, 2009 to December 12, 2009 with regard to the real estate listed in the separate sheet (hereinafter “instant building”). The Plaintiff asserted that the Defendants jointly occupy the instant building, and filed a lawsuit against the Defendants on a claim against the Daejeon District Court 2010No25633 building.

In the above litigation proceedings, conciliation is concluded between the Plaintiff and the Defendants on November 16, 2010, and “1. The Defendants ordered the Plaintiff to order the instant building until March 27, 2011;

2. The Plaintiff shall pay to the Defendants the remainder of money obtained by deducting the amount calculated at the rate of KRW 600,000 per month from June 1, 2010 to the ordering date of the instant building from KRW 30,000,000, when the seizure of the lease deposit for the instant building was cancelled at the same time with the order of the Defendants.

3. The plaintiff's remaining claims shall be waived.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

“The instant protocol of mediation (hereinafter referred to as “instant protocol of mediation”) was prepared.

On May 18, 2010, the head of the Dong-ju District Tax Office sent to Defendant B a notice that the amount of national taxes in arrears would be KRW 53,435,660 among the claims for return of the lease deposit of the instant building to the Plaintiff. Accordingly, the Plaintiff paid KRW 3,410,000 on May 23, 201 to the Dong-ju Tax Office, which is the seizure authority, and the above seizure was released on October 4, 2013.

According to the instant protocol, the Defendants filed an application for compulsory auction of D real estate in Daejeon District Court, and the said court rendered a ruling to commence compulsory auction of real estate on November 6, 2013.

[Reasons for Recognition] The plaintiff's assertion as to Gap's 1-3 evidence, Gap's 4-1, 2-2, Gap's 9-1 and 2-2, and the claim for the purport of the whole pleadings is in the conciliation protocol of this case.