소유권이전등기 등
The part of the judgment of the first instance against the defendants shall be revoked, and this part of the case shall be remanded to the Cheongju District Court.
1. Under the facts based on which the facts are based, are apparent in the records or significant to this Court.
On March 4, 2014, the court of the first instance rendered a ruling of recommending reconciliation (hereinafter “the instant ruling of recommending reconciliation”). The original of the instant ruling of recommending reconciliation was served on the Plaintiffs on March 5, 2014, and on March 7, 2014, respectively on the Defendants.
B. On March 6, 2014, the Plaintiffs submitted a written objection to the instant decision on recommending reconciliation, but submitted a written withdrawal of the objection to withdraw the said objection on March 10, 2014.
On March 14, 2014, the above withdrawal was served on the Defendants.
C. However, on March 10, 2014, the Plaintiffs filed a written objection to the instant decision of recommending reconciliation again.
2. Determination:
A. The party who filed an objection against a ruling of recommending a compromise may withdraw the objection with the consent of the other party until the judgment of the court is pronounced. Since the provisions on the withdrawal of the lawsuit shall apply mutatis mutandis to the withdrawal of the objection, the withdrawal of the objection shall be deemed to have consented to the withdrawal of the objection if the other party does not raise an objection within two weeks from the date the written withdrawal of the objection was served (Article 228 of the Civil Procedure Act). Meanwhile, the validity of the ruling of recommending a compromise takes effect when the objection is withdrawn (Article 231 of the Civil Procedure Act). Since the withdrawal of the objection is deemed to take effect when the other party’s consent or consent is deemed to have been obtained, the validity of the ruling of recommending a compromise does not take effect immediately, when the ruling of recommending a compromise becomes final and conclusive, there is no general remedy to dispute the withdrawal of the ruling, even if the written withdrawal of the written withdrawal of the decision of recommending the compromise was submitted, and the other party’s consent or the validity of the withdrawal of the objection under the legal fiction of consent, even if the period of