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(영문) 부산지방법원 2016.04.07 2015재가합46
공유물분할 등
Text

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

2. The costs of quasi-examination shall be borne by the Plaintiff (Quasi-Review Plaintiff).

Reasons

1.The following facts are apparent in the record, subject to quasi-examination:

The Plaintiff filed a lawsuit against the Defendants as to partition of co-owned property, including the claim in the purport of the claim (hereinafter “instant claim”) under this Court 2014Gahap15104.

B. On October 28, 2015, the fifth date for pleading of the said lawsuit, a compromise between the Plaintiff and the Defendant B regarding the instant claim was made with the following content (hereinafter “conciliation”), and a protocol of compromise was prepared.

1. The Plaintiff and Defendant B agree to divide the 8,974m2 and 13,829m2 as follows with respect to the 8,974m2 and 13,829m2 in Seongbuk-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do:

2. The above H 8,974 square meters are owned by Defendant B, and the said I 13,829 square meters are owned by the Plaintiff.

3. The Plaintiff’s share in the Plaintiff’s 8,974 square meters as above to Defendant B, and Defendant B, as to Defendant B’s share in the Plaintiff’s 13,829 square meters as to each co-owned property partition, shall implement the procedure for the registration of ownership transfer based on each partition of co-owned property

4. The Plaintiff and Defendant B waives all their claim for civil and criminal actions against the above co-owned land in the future.

2. Whether the quasi-examination suit of this case is legitimate

A. Although the right to collateral security was established on Defendant B’s share of the real estate indicated in the above protocol of compromise at the time of the Plaintiff’s assertion, the instant protocol of compromise was prepared without discussion by the Plaintiff and Defendant B.

Therefore, the Plaintiff may seek a revocation of the protocol of conciliation on the ground of mistake, which constitutes grounds for quasi-examination under Articles 461 and 451(1)9 of the Civil Procedure Act.

B. In the judgment, a compromise in the lawsuit is established by the procedural acts to terminate the lawsuit based on the concession of both parties, and there is no judgment of the court, so the protocol of compromise cannot be “when the judgment on important matters that may affect the judgment is omitted” under Article 451(1)9 of the Civil Procedure Act.

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