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(영문) 인천지방법원 2019.10.15 2018재가합26
소유권이전등기
Text

1. The plaintiff (quasi-Appellant)'s quasi-Appellants are dismissed.

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

Reasons

1. Basic facts

A. On April 6, 2007, the Plaintiff appointed C attorney-at-law as a legal representative and filed a lawsuit claiming ownership transfer registration against the Defendant on the real estate listed in the separate sheet (hereinafter “instant building”) (hereinafter “instant lawsuit”).

On February 22, 2008, the Plaintiff dismissed C attorney-at-law from the Plaintiff’s attorney.

B. B participated in the instant lawsuit as an independent party around July 2008, and appointed C Attorney-at-Law as an attorney.

C. On August 18, 2008, among the instant litigation, conciliation was concluded as follows, and the main contents of the conciliation protocol (hereinafter “instant conciliation protocol”) are as follows.

Plaintiff

A In attendance of the Defendant B, the Intervenor of the Independent Party D and the Attorney C at each of the attorneys-at-law present at each of the following provisions:

1. The plaintiff withdraws the lawsuit of this case against the defendant, and the defendant and the independent party intervenor agree thereto.

2. The Plaintiff and the Defendant agree not to file all civil and criminal claims regarding the instant land and loan in the future.

3. The plaintiff shall file an application for the cancellation (Withdrawal) of a provisional disposition (the Incheon District Court 2007Kahap767) with respect to each real estate owned by the defendant.

4. The plaintiff and the defendant confirm that no claims and obligations exist between the plaintiff and the defendant except as provided in the above provisions.

5. The costs of lawsuit and the costs of mediation shall be borne respectively;

【Grounds for Recognition】 Evidence Nos. 1 through 3, No. 11 and 12, and the purport of the whole pleadings

2. Although C lawyer was dismissed from office by the Plaintiff’s attorney at the time of the preparation of the instant protocol of mediation, conciliation was concluded by signing the instant protocol of mediation on behalf of the Plaintiff between the Plaintiff and the Plaintiff withdrawn under the order of the presiding judge.

Therefore, the conciliation protocol of this case is stipulated in Articles 461 and 451(1)3 of the Civil Procedure Act.

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