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(영문) 서울중앙지방법원 2014.10.02 2014가합11630
화해조서결정문 및 판결문확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The plaintiff's assertion

A. B filed, against C, the registration of collateral security provisional registration of B on the part of C’s 1/2 portion of the Seoul Jongno-gu Seoul Metropolitan Government D Land and its ground buildings, and C did not repay its debts, thereby filing an application for reconciliation seeking the principal registration of transfer of ownership based on provisional registration.

(Seoul Residents' District Court No. 1979No. 2978, hereinafter referred to as "the settlement application of this case") and C attended the court on April 16, 1979, which is the date of settlement pursuant to the settlement application of this case.

B. Since then, the Plaintiff (Appointed Party, hereinafter “Plaintiff”) needs to make a protocol of compromise concerning the instant application for reconciliation, and received a re-issuance of the national record-keeping reconciliation book. The said document bears the seal of “the formation” and illegally stated that the said document was “unsatisfy” and the Defendant did not issue a protocol of compromise to the Plaintiff side.

As a result, the plaintiff side demoted C's share in the above real estate to B.

C. It means that the application for reconciliation in this case was made by the Defendant to preserve and manage the record from the application for reconciliation in this case to the number and the application for reconciliation in this case was made by a protocol of compromise. As such, the Plaintiff and the designated parties, who are C’s successors, seek confirmation of the decision of protocol of compromise to the Defendant. If the above application for reconciliation was not made, the lawsuit on the merits was instituted and the judgment on the above case was made.

2. The defendant's judgment on the main defense of this case asserts that the lawsuit of this case is unlawful as there is no benefit of confirmation.

Although the purport of the plaintiff's assertion that he/she seeks confirmation of the protocol of conciliation and the written decision is unclear through the lawsuit of this case, he/she seeks confirmation of the fact that the settlement has been established (or the fact that there is a written protocol of compromise) as the settlement between B and C has been established around the lawsuit of this case.

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