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(영문) 창원지방법원 2015.10.07 2015재가단22
토지인도
Text

1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the defendant.

Reasons

1. The Plaintiffs, which were subject to quasi-examination, filed a lawsuit against the Defendant as to the same content as the claim stated in this Court’s order 2014da911. On November 27, 2014, the conciliation of the same content as the content of the conciliation (hereinafter “instant conciliation”) was established on the date of conciliation implemented on November 27, 2014, and the content thereof is clearly indicated in the quasi-examination protocol (hereinafter “instant conciliation protocol”).

2. Judgment as to the existence of a ground for quasi-examination

가. 피고의 주장 재판장의 조정에 응하라는 강압적인 요구에 의해 이 사건 조정이 급하게 성립되었고, 이 사건 조정조서의 내용은 사실상 피고의 며느리와 손자녀인 원고들이 피고를 별지 목록 기재 건물에서 내�는 것으로 그 자체로 선량한 풍속에 반하거나 사회질서에 반한다.

In addition, since the instant protocol does not contain any judgment on the ownership and delivery of the land stated in the attached list, it constitutes grounds for retrial under Article 451(1)9 of the Civil Procedure Act, which is the grounds for retrial under Article 451(1)9 of the same Act.

B. We examine the judgment. The grounds for retrial under the above subparagraph 9, “when the judgment was omitted on important matters that may affect the judgment,” which is the grounds for retrial under the above subparagraph 9, stipulated in the presumption of defects that may arise in relation to the entry of the grounds for retrial in the final judgment, among the grounds for retrial on the final judgment, and there is no room to constitute a decision of recommending reconciliation that does not separately state the reasons for a separate judgment (see Supreme Court Decision 2004Da27167, Feb. 23, 2006).

Therefore, there is no room for a cause for a retrial under Article 451(1)9 of the Civil Procedure Act regarding a protocol of mediation, and such a cause cannot be considered as a cause for a retrial. Other reasons cited by the defendant are limited to Article 451(1) of the Civil Procedure Act.

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