Of the judgment of the first instance, the part against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Facts of recognition;

A. From around 2004, the Plaintiff was running a wholesale and retail business with the trade name of “F” by leasing land C, D, and E (hereinafter “instant land”).

B. During the process of the pertinent lawsuit between the Plaintiff and B, B filed a lawsuit against the Plaintiff at around 2015, seeking delivery, etc. of the instant land (hereinafter “the lawsuit seeking delivery of the instant land”) by Sungwon District Court Branching Sungnam Branching 2015 grouping to 207265 grouped to 207265 grouped.

On July 6, 2015, the court in charge of the lawsuit above shall pay B, ① collect all trees and crops planted on the land of this case until June 30, 2016, ② remove all facilities, such as containers, etc. on the land of this case until June 30, 2016, ③ transfer the above land by June 30, 2016, ④ pay KRW 10,800,000 until December 31, 2015 in installments, and pay the remaining KRW 5,80,000 until June 30, 2016, ⑤ pay the money calculated at the rate of KRW 4.2 million per annum from June 6, 2015 to June 30, 2016, and the Plaintiff does not have the deposit money to be returned from the above lease contract.

A decision in lieu of conciliation (hereinafter “decision in lieu of conciliation”) was made on July 24, 2015, which became final and conclusive as it is.

(c)

1) However, even after the decision in lieu of the instant conciliation becomes final and conclusive, the Plaintiff continued possession of the said land without collecting and removing trees, etc. on the instant land ( Meanwhile, the Plaintiff discontinued F on December 31, 2016). B filed an application for replacement enforcement with the Suwon District Court Sung-nam Branch of the Seoul District Court on the basis of the original decision in lieu of the instant conciliation.

On April 12, 2017, the court in charge in the above application case belongs to the Suwon District Court which was delegated by the creditor (B).