Main Issues
If errors have occurred in the judgment due to the fault of the parties at the request of the parties;
Summary of Judgment
In accordance with Article 197(1) of the Civil Procedure Act, an error of the judgment that the court may correct is not only caused by the fault of the court, but also caused by the party’s fault.
[Reference Provisions]
Article 197(1) of the Civil Procedure Act
Reference Cases
Supreme Court Order 83G7 Dated April 19, 1983 84G60 Dated October 31, 1984
Special Appellants
Special Appellant 1 and 11 others
United States of America
Seoul District Court Order 85Ka6178 dated May 24, 1985
Text
I reverse the original decision.
In the Seoul High Court Decision 81Na3083 decided July 12, 1983, the real estate indicated in the attached Table 4 shall be corrected to 286 square meters of forest land in Gangdong-gu Seoul ( Address omitted).
Reasons
The grounds for special appeal are examined.
In accordance with Article 197(1) of the Civil Procedure Act, the error of the judgment that the court may correct is included not only in the case where it was caused by the fault of the court, but also in the case where the party's fault was caused. According to the records, it is evident that the real estate indicated in the attachment No. 4 in the Seoul Gangdong-gu Seoul Special Metropolitan City ( Address omitted) forest 4,288m2 is recorded as a forest 4,288m2 in the attachment No. 8 of the Seoul High Court Decision 81Na3083, Jul. 12, 1983, on which the special appellant sought correction, it constitutes an error of the judgment that can be determined pursuant to Article 197(1) of the Civil Procedure Act, because it is obvious that the special appellant's error is one of the errors in the written complaint
The court below's dismissal of the special appellant's application for correction without merit is erroneous in the misapprehension of legal principles that affected the judgment, and therefore, the special appellant's argument is reasonable.
Therefore, the original decision is reversed, and this case is deemed sufficient to be judged by the party members. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Jong-soo (Presiding Justice)