Whether it is possible to correct any error in the judgment that has occurred due to a mistake in claims by the parties.

An error under Article 197(1) of the Civil Procedure Act may be corrected if it is obvious that the error has been made, as well as where the error has occurred due to the court’s fault.

Article 197(1) of the Civil Procedure Act

Supreme Court Order 83G8 Dated March 24, 1983 84. 31 October 31, 1984 84G60 Dated July 15, 1985 85g6 Dated October 17, 1985 85g89 Dated October 17, 1985>

Special Appellants

Daejeon District Court Order 88Ka526 Dated July 25, 1988

The order of the court below is reversed, and the case is remanded to Daejeon District Court Panel Division.

The error under Article 197 (1) of the Civil Procedure Act can be corrected if it is obvious that the error is obvious in the case of the court's fault as well as in the case of the party's fault.

According to the records of this case, it is evident that the building subject to removal is a second-story building, not a single-story building (see, e.g., attached records of inspection of the first instance trial, 42, 43, 203, 204, 271 of the record of examination of Non-Party 1, Non-Party 1, the defendant submitted to the second instance on May 4, 1987, the last part of the preparatory documents submitted by the defendant to the second instance on September 16, 1987, and Non-Party 2, etc.).

Therefore, it is not clear that the judgment of the first instance court of this case stated "the mentmen's mentor's mentor's mentor's studio cafeteria" in indicating a building to be removed. Thus, it is dismissed by the court below's dismissal of the application for correction of a special appellant merely and simply, by misunderstanding the legal principles of Article 197 (1) of the Civil Procedure Act, which affected the conclusion of the judgment.

The decision of the court below is reversed, and the case is remanded. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Young-young (Presiding Justice)