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(영문) 대전지방법원천안지원 2020.11.25 2020가단4894
청구이의
Text

The plaintiff's claim is dismissed.

2. On July 2, 2020, this Court rendered on July 2, 2020 with respect to the case of application for suspension of compulsory execution of 2020 Chicago30.

Reasons

1. Judgment on the plaintiff's assertion

A. The decision in lieu of conciliation in the Daejeon District Court’s 2015Kadan18257 (hereinafter “instant compulsory conciliation decision”) between the Plaintiff and the Defendant was based on the Plaintiff’s statement by gross negligence, and thus, the instant compulsory conciliation decision is null and void.

Therefore, compulsory execution based on the compulsory adjustment decision of this case should be denied.

B. Unless there is any special provision or special circumstance, the provisions concerning legal acts under the Civil Act cannot be applied to the said procedural acts. Thus, the invalidity or revocation cannot be asserted on the ground of defects in declaration of intention, such as fraud, coercion, mistake, etc.

(see, e.g., Supreme Court Decision 80Da76, Aug. 26, 1980). Therefore, the Plaintiff’s claim claiming revocation of mistake regarding the instant compulsory adjustment order is without merit without further review.

(Colonel) Even if Nonparty C acted to the effect that the Plaintiff did not have the authority to act on behalf of the Plaintiff, the Plaintiff’s appointment of Nonparty C as the designated party in Daejeon District Court Decision 2015Kadan18257 is apparent in the record, and in this respect, the Plaintiff’s request is without merit. 2. Accordingly, the Plaintiff’s request is dismissed as it is without merit. It is so decided as per Disposition.

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