If an appeal has been filed against the decision on the application for a correction of a protocol, it shall be deemed as a special appeal.

The decision to dismiss a request for the correction of a protocol cannot be filed, and the special appeal under Article 420 of the Civil Procedure Act is only allowed, so even if the parties did not indicate a special appeal, the records of such decision shall be sent to the Supreme Court on the basis of a special appeal even if they did not go to the Supreme Court.

Article 197 of the Civil Procedure Act, Article 420 of the Civil Procedure Act

Special Appellants

Seoul Civil District Court Decision 64Ga9880, 65Ga1757 delivered on April 4, 1966

The original decision shall be revoked.

According to the records, with respect to the case on the merits of this case, the court below (referring to the Seoul Civil District Court) prepared a protocol of compromise on February 1, 1966, and prepared a protocol of compromise. On April 1 of the same year, the court below applied for a correction of the protocol of compromise from a special appellant. On the ground that the special appellant is groundless as of the 4th day of the same month, the court below submitted a protocol of rejection to the court below on the 8th day of the same month (the date when the original copy of the decision was served, Chapter 221 of the record), and the Seoul High Court rejected the appeal on the ground that the appeal cannot be filed against the ruling of dismissal of the application for correction of the protocol of compromise with the same effect as the previous final and conclusive judgment, it is clear that the Seoul High Court did not have any objection to the High Court's ruling of dismissal, so it is not possible to interpret it as a special one of the parties to the same ruling of dismissal, and thus, it cannot be said that it did not have any objection to the Supreme Court's ruling of rejection.

According to the records, a document submitted under the name of both parties to a lawsuit is bound after the court below's protocol of pleading 14:00 on February 1, 1966 (No. 167,168 of the record), and a document submitted under the name of both parties to a lawsuit is recorded in the annexed list 31:9:9:18 of the non-registered transfer case according to the contents of the application for correction. Thus, if the list is true, the court below's protocol of protocol of protocol of protocol of protocol of court is an obvious error and should have corrected the protocol. Thus, since the court below did not have any violation of the law affecting the remaining trial result which did not complete the deliberation, the court below's decision shall not be exempted from the reversal.

Therefore, this decision is delivered with the assent of all participating Justices.

Judge Do-dong (Presiding Judge) of the Supreme Court