건물명도 소송
1. The instant lawsuit was concluded on October 21, 2016 with conciliation.
2. Filing an objection against conciliation on November 11, 2016.
Although mediation was concluded on October 21, 2016 with respect to the instant case, the Plaintiff submitted a written objection to the said mediation on November 11, 2016. The Plaintiff appears on the date of the instant mediation and stated that “Although the Plaintiff and the Defendant agreed to pay KRW 110,000 per month for value-added tax and management expenses (value-added tax amounting to KRW 26,00,000) by October 12, 2017, which was for the year from October 13, 2016 to October 13, 2017 at the time of the instant mediation, the Plaintiff prepared a separate adjustment clause to pay KRW 10,000 per month for value-added tax and management expenses, and accepted the said adjustment clause.”
However, if conciliation is established and entered in the protocol, such protocol has the same effect as that of the final judgment and res judicata exists between the parties, so that it can be asserted only by the litigation of retrial unless there is any ground such as the grounds for invalidation of the final judgment.
Even if there is no such ground for invalidation in the instant conciliation, such invalidity cannot be deemed to exist.
If so, the lawsuit of this case is terminated by the formation of mediation, and thus, the termination of the lawsuit is declared.