소유권이전등기말소 등
1. The Plaintiff:
A. Defendant B shall have jurisdiction over each real estate listed in the separate sheet in the U.S. District Court, Namyang-ju registry.
1. Determination as to the legitimacy of the request for designation of the date of this case
A. 1) The Plaintiff filed four lawsuits against Defendant C, B, etc. on the ground of termination of title trust in 2007, including assignment of claims No. 2007Gahap67482, 207Gahap867, and unjust enrichment, etc. (hereinafter “prior action lawsuit”).
(2) On July 16, 2008, the Plaintiff filed a lawsuit of this case against the Defendants on the ground of termination of title trust, which is pending in the appellate court of a prior suit.
3) On March 2009, prior to the judgment of the appellate court of the prior lawsuit, Defendant C, via the Plaintiff’s legal representative, threatened the Plaintiff to submit data on the Plaintiff’s tax evasion to the National Tax Service. 4) On March 18, 2009, Defendant C drafted an agreement with Defendant C, stating that “I waives part of the claims cited in the judgment of the first instance court of the prior lawsuit and withdraw the instant lawsuit.”
Accordingly, in the appellate court of a prior suit on March 20, 209, the voluntary adjustment of the above contents (hereinafter “voluntary adjustment”) was established between the Plaintiff, Defendant C, and others. On April 8, 2009, the Plaintiff withdrawn the instant lawsuit.
5) As a result, Defendant C was convicted on February 24, 201 due to the crime of conflict, etc., and thereafter, the said judgment became final and conclusive by the Supreme Court. 6) On June 7, 2013, the Plaintiff filed a lawsuit seeking revocation of the instant protocol of mediation with the appellate court of the previous lawsuit, and the judgment revoking the protocol was rendered on September 18, 2014.
[Ground of recognition] Facts without dispute, Gap 1, 21 through 24, each entry (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings
B. Where the withdrawal of the lawsuit was made by coercion and assault of another person accompanied by criminal liability, it shall be deemed null and void.