준재심청구
1. Revocation of a judgment of the first instance;
2. All of the lawsuits filed by the Defendant (Quasi-Review Plaintiff) for quasi-Review shall be dismissed.
3...
1. Facts of recognition;
A. On December 14, 2005, the Plaintiff filed an application against the Defendant for alternative enforcement, such as the purport of the above claim, with Suwon District Court Branch C.
B. On January 11, 2006 in the above application case, the plaintiff was an attorney D at the time of the plaintiff, and the defendant was an attorney D at the time of the defendant's attendance and the following protocol of mediation (hereinafter referred to as "instant protocol of mediation") was prepared:
【Mediation Provisions】
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 1.3 square meters, 46, 47, 48, 49, and 46 on the ground part, 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. Determination
A. The defendant's assertion that, on January 11, 2006, the defendant appeared even though he did not attend on the mediation date of the above alternative execution case, and prepared the above mediation protocol in a false manner as if the above contents were established, the defendant asserts that the above mediation protocol in this case should be cancelled due to the reasons for quasi-examination under Article 451 (1) 4, 6, 9, and 10 of the Civil Procedure Act.
B. (1) First, the judgment of Article 451(1)4 of the Civil Procedure Act (when a judge who has participated in a trial commits a crime relating to his/her duties) and 6 is rendered.