beta
(영문) 울산지방법원 2018.04.10 2017가단58108

청구이의

Text

1. Ulsan District Court 2016 money2007 (main lawsuit), 2016 money2014 (Counterclaim) is based on the Defendant’s protocol of mediation of the case.

Reasons

1. Basic facts

A. The Defendant is a resident of Ulsan-gun, Ulsan-gun, C, 397 square meters in a house owned by his child, and the Plaintiff is a neighboring owner of 734 square meters in a neighboring D, who is a neighboring resident.

B. Around August 4, 2015, the Defendant filed a lawsuit against the Plaintiff in relation to the boundary of each of the above land, and the Plaintiff also filed a counterclaim against the Defendant in the course of the lawsuit against the Plaintiff for 2015 Ghana31424 (a). The court of first instance rendered a judgment dismissing the Plaintiff, the Defendant’s principal lawsuit, and the counterclaim on March 29, 2016.

C. As a result of both appeals, the appellate court held that the entire case was in excess of the conciliation, and the Plaintiff and the Defendant agreed on September 20, 2016 in the Ulsan District Court 2016 money2007 (principal lawsuit), and 2016 money2014 (Counterclaim) and the conciliation was concluded by mutual agreement as follows.

[Attachment to the following, the conciliation clause of the above case shall be cited as it is: Provided, That this case, the plaintiff, and the defendant are replaced; hereinafter referred to as “instant conciliation clause” and “instant conciliation protocol, etc.”). Conciliation clause - Ulsan District Court 2016 money2007 (main lawsuit), 2016 money2014 (Counterclaim) (Counterclaim)

1. The Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) agree to conduct a survey by October 31, 2016, in order to determine the boundary between Ulsan-gun, Ulsan-gun and 397 square meters owned by the Plaintiff and the 734 square meters, located in Ulsan-gun, Ulsan-gun, Ulsan-gun, and the Defendant.

The survey shall be conducted by the Plaintiff to apply for the survey to the Ulsan-gun Office, and the costs of the survey shall be borne by the Plaintiff and the Defendant, respectively, by 50%, and the survey shall be conducted in the presence of both parties, and the Plaintiff and the Defendant shall not raise any objection to the results of the survey as above.

2. According to the result of the survey indicated in paragraph (1), the Plaintiff shall install the retaining wall at the boundary of each land specified in paragraph (1), and the Plaintiff shall apply to the installation works of the retaining wall.

3. The defendant shall bear the retaining wall installation cost as stated in paragraph (2) against the plaintiff.