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(영문) 대구지방법원포항지원 2019.11.12 2019가단103384
토지인도
Text

1. The Defendant, in sequence, shall each point of 8, 9, 10, 11, and 8 of the attached Form 2 among the land size of 305 square meters in Nam-gu, Nam-gu, Nam-gu.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition are as follows: ① the Daegu District Court 2016Na304605 case (Seoul District Court Mapo-gu District Court 2015Gadan303520 case, May 12, 2016) entered mediation (hereinafter “instant mediation”) as described in attached Table 1, March 7, 2017 between the plaintiffs and the defendant; ② the defendant refused to implement the conciliation of this case under paragraphs 1 and 2 of the conciliation of this case; ③ although the plaintiffs attempted to enforce compulsory execution, such as removal according to the conciliation protocol of this case, which is the executive title, on the ground that execution subject (the corresponding part in the attached document in its protocol) is not specified; ④ The plaintiffs filed an application for correction as to the conciliation protocol of this case to specify the execution subject to the execution subject, but this constitutes a case where the contents of the pertinent conciliation were substantially modified beyond the scope of correction, and thus, it is recognized that the dispute between the parties Gap (Seoul District Court 2019Da14535, Mar. 25, 2019).

B. Determination adjustment is established by stating the agreed matters between the parties in the protocol. The protocol has the same effect as a final and conclusive judgment, such as a protocol of judicial conciliation, and has a productive effect as it has the same effect as a protocol of judicial conciliation. If conciliation is concluded between the parties, rights and obligations based on the previous disputed legal relations are extinguished, and

(see, e.g., Supreme Court Decision 2006Da78732, Apr. 26, 2007). According to the above facts, according to the purport of the instant conciliation clause, the Defendant is obligated to remove the flowers on the relevant land in accordance with the purport of paragraphs (1) and (2) of the instant conciliation clause, and to provide the Plaintiffs with the relevant part of the land by constructing it as a road (Provided, That the Defendant is not obligated to pack the road, and the expenses incurred in the performance of the said duties are to

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