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(영문) 대법원 1986. 11. 7.자 86마895 결정

[화해조서경정][공1987.2.15.(794),222]

Main Issues

The nature of the appeal against the ruling or the rejection of the request for a protocol or adjustment, and its method;

Summary of Judgment

With respect to a ruling dismissing a motion for correction of a judgment or protocol of compromise without grounds, an appeal may not be filed by the method of filing a complaint under the interpretation of the main text of Article 197(3) of the Civil Procedure Act, and the special appeal under Article 420 of the same Act may be granted. Even if the parties to the ruling did not indicate that they are special appeal and that the appellate court has not indicated it as the Supreme Court, the court which received the petition of appeal shall treat it as a special appeal and send the records of trial to the Supreme Court.

[Reference Provisions]

Articles 197(3) and 420 of the Civil Procedure Act

Reference Cases

Supreme Court Order 82Ma41 dated May 11, 1982, 82 82Ma41 dated April 19, 1983 83G6 dated March 27, 1984 84G15 Decided July 26, 1966

Special Appellants

Special Appellants

United States of America

Jeonju District Court Order 86NaKa10 dated August 7, 1986

Text

The special appeal is dismissed.

Reasons

1. According to the records, the court of original judgment (referring to the Jeonju District Court; hereinafter the same shall apply) shall correct the address of the party stated in the protocol of settlement of May 16, 1985 concerning the execution procedure of the principal registration of provisional registration 84Na410,411 in the same court, and "the plaintiff shall be paid 8,00,000 won from the appointed party to the defendant, and at the same time, shall be 246 square meters from Gunsan City ( Address omitted) and 246 square meters from Gunsan City, and cement brick bricks, bricks, cement bricks, cement bricks and cement bricks, and 2nd floor house of 1st, 223th, 98th, 190, 411, and shall be paid by the court of appeal to the court of appeal to the effect that "the plaintiff shall be paid 00,000 won for the purpose of preserving the claim for cancellation of ownership transfer," and the above provisional registration shall be dismissed by submitting only the above 0000,

However, with respect to a decision dismissing a motion for correction of a judgment or protocol of compromise without grounds, the appeal cannot be filed by the method of filing a complaint under the interpretation of the main text of Article 197(3) of the Civil Procedure Act, and the special appeal under Article 420 of the same Act is interpreted only to be permitted. Even if the parties did not indicate the special appeal and the court of appeal as the Supreme Court, the court which received the petition of appeal should treat it as a special appeal and send the records of trial to the Supreme Court.

In this case, the original court sent records to the Gwangju High Court, and the same court's decision was derived from a decision made by an unauthorized court, so this case shall be treated as a special appeal against the original court's decision.

2. In light of the records, the court below's dismissal of the application is just, since there is no evidence to view that the reconciliation clause seeking correction by a special appellant is an error of the same content as the theory of lawsuit, and there is no ground for violation of the Constitution or the law, and thus there is no special appeal.

Therefore, the special appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee B-soo (Presiding Justice)