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(영문) 대법원 2017.06.19 2017다220881

분양대금

Text

The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

Reasons

The grounds of appeal are examined.

1. The decision shall have the same effect as a final and conclusive judgment as a judicial compromise (see Articles 30 and 34 of the Judicial Conciliation of Civil Disputes Act) and since the decision in lieu of conciliation has a creative effect, the relationship of rights and duties based on a legal relationship in a previous dispute between the parties is extinguished, and a new relationship of rights and duties according to the contents of the decision is established;

(See Supreme Court Decision 2005Da32814, 32821 Decided June 29, 2006, etc.)