공유물분할
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. “1. Basic Facts” from “2. Party’s assertion” in the reasoning of the judgment of this Court in the part accepting the judgment of the first instance;
3. Not later than the determination, ① “I” as “F”, ② “sale of shares” as “sale of shares in accordance with Section 20 of the first instance court’s decision”, ③ Sale of shares in accordance with Section 12 of the sixth first instance court’s decision as “sale of shares in accordance with Section 5 of the fifth instance court’s decision”, and ③ Sale of shares in accordance with Section 12 of the sixth instance court’s decision as “the effect of the above conciliation decision or the executory power thereof.”
The part " shall be subject to non-permission of compulsory execution based on the above mediation decision."
As "............. the 7th 6-10 portion of the judgment of the first instance is established by entering the matters agreed between the parties in the protocol, and the protocol has the same effect as a final and conclusive judgment, such as
Therefore, since res judicata takes place between the parties, unless there are grounds such as the invalidity of a final and conclusive judgment, it is merely a defect in the mediation, and it is a problem to seek relief through quasi-adjudication procedures, and it cannot be asserted that the mediation protocol is null and void, even if the contents are in violation of compulsory provisions.
(See Supreme Court Decision 2009Da104960 Decided March 27, 2014 (see, e.g., Supreme Court Decision 2009Da104960, Mar. 27, 2014). (5) Inasmuch as there is no assertion or proof to deem that the conditions set forth in the third adjustment of “(5) 8-6 of the first instance judgment were fulfilled,” the evidence submitted by the Plaintiff up to the first instance trial and the circumstances of its assertion alone cannot be deemed as having fulfilled the conditions set forth in the third adjustment, and there is no other evidence to acknowledge otherwise, the Plaintiff asserts that “(6) the effectiveness of the third adjustment decision or the exclusion of enforcement force of the third adjustment decision.”
The phrase "part" asserts that the compulsory execution based on the third adjustment decision is non-permission.
"In addition to each other, each part of the judgment of the court of first instance is the same as that of each corresponding part.