1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On November 28, 2011, the Defendant filed a lawsuit against the Plaintiff for a claim for the removal of a building, etc. at this court’s 201Kadan500, and on May 11, 2012, conciliation was concluded between the Plaintiff and the Defendant as follows:

(1) The Plaintiff shall pay the Defendant KRW 26 million out of 180 square meters of Gyeonggi-gun C Forest land and 180 square meters (hereinafter “instant real estate”) to the Defendant as the purchase price of 87 square meters of land (hereinafter “instant real estate”). Of these, KRW 3 million shall be paid up to May 18, 2012, KRW 3 million up to July 31, 2012, and KRW 20 million up to July 31, 2012, and KRW 20 million up to December 31, 2012.

(2) On December 31, 2012, the Defendant, immediately upon receiving all the above money from the Plaintiff, shall implement the procedure for the registration of ownership transfer based on the sale of the instant real estate to the Plaintiff.

(3) If the Plaintiff and the Defendant fail to perform their above obligations, the damages for delay calculated in addition to the rate of 3 million won per month from the day following the date on which they delayed the performance of their obligations to the day on which they complete the performance.

B. After the conclusion of the above conciliation, the Plaintiff paid the Defendant KRW 3 million on May 18, 2012, KRW 3 million on May 21, 2012, KRW 3 million on July 20, 2012, KRW 11 million on October 20, 2012, and KRW 20 million on October 20, 2012. The remainder KRW 15 million was first transferred the instant real estate from the Defendant, and requested the Defendant to receive a loan from the bank as collateral, but was eventually rejected from the Defendant.

C. Accordingly, the Plaintiff paid KRW 2 million on January 18, 2013, KRW 3 million on February 15, 2013, KRW 15 million on February 21, 2013, and KRW 15 million on February 21, 2013.

On the other hand, on November 18, 2013, the Defendant applied for a compulsory auction of real estate at KRW 33 million with the claim amount as to the real estate owned by the Plaintiff as Suwon District Court D with the title of execution under the above mediation protocol as the title of execution.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The plaintiff's assertion and judgment on this.