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(영문) 수원지방법원여주지원 2014.06.18 2013재가단27

준재심청구

Text

1. The quasi-examination of the defendant (quasi-examination plaintiff) is dismissed;

2. The costs of quasi-examination are assessed against the defendant.

Reasons

1. On December 14, 2005, the Plaintiff filed an application with the Defendant for alternative enforcement, such as the purport of the above claim, with this court C. On January 11, 2006, the following protocol of mediation (hereinafter “the protocol of quasi-examination”) was prepared.

1. The Claimant shall not execute alternative execution by January 3, 2006 on the date of the decision on the right of approval (amended on January 11, 2006) concerning this case by April 30, 2006.

2. By April 30, 2006, the respondent connects each point of 31, 31, 33, 34, 35, 36, 36, and 31, in sequence, with the indication of the annexed drawings, and connects each point of 31,32, 32', 31', and 31, among 249.5 square meters of ground block and 249.5 square meters of multi-story, the respondent shall remove 31,32's, 31's, and 31 from the ship parts successively connected each point of 42,43,44, 45, and 42 on the ground part, which connect each point of 42,43,44, 46, 47, 48, 49, and 46 on the ground surface, and shall pay damages for delay to the applicant at the rate of 100 square meters per day.

3. The applicant waives the remainder of the petition.

4. The expenses shall be borne by each person.

[Ground of recognition] Unsatisfy, entry of evidence No. 7, purport of the whole pleadings

2. The defendant's assertion and judgment on January 11, 2006, the defendant attended the mediation date of the above alternative execution application case as of January 11, 2006 and prepared the quasi-examination protocol of this case as if he had not attended the mediation as the respondent, and there was a false ground for quasi-examination of this case under Article 451 (1) 4, 6, 9, and 10 of the Civil Procedure Act. Thus, the quasi-examination protocol of this case should be revoked. Thus, the defendant's argument that the quasi-examination of this case should be revoked is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge this differently.

3. If so, the defendant's request for retrial of this case is dismissed as it is without merit. It is so ordered.