The burden of proof of revocation of confession

The proviso of this Article provides that the confession against the truth may be revoked when it is proved that it was due to the mistake. Therefore, even if the confession against the truth is proved, the confession may not be revoked unless it is proved that there was a mistake.

Article 261 of the Civil Procedure Act

Suwon District Co., Ltd

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Seoul High Court Decision 62Ka196 delivered on November 21, 1962, Seoul High Court Decision 62Ka196 delivered on November 21, 1962

The original judgment is reversed and the case is remanded to the Seoul High Court.

The proviso of Article 261 of the Civil Procedure Act provides that confessions contrary to the truth may be revoked when it is proved that such confessions are due to mistake. Therefore, even if confessions contrary to the truth are made contrary to the truth, it cannot be revoked unless there is any proof that the confessions are made due to mistake. In this case, the legal representative of the debtor made at the court below's oral proceedings on Nov. 11, 1962, confessions that the debtor occupies the original items, and the debtor did not possess the original items for the creditor at the oral proceedings on Nov. 11, 1962, and the above confessions were revoked. Although the above confessions take effect, the above confessions are contrary to the truth, and the fact that the confessions are due to mistake, and the court below recognized only those confessions contrary to the truth, and judged that the confessions are based on mistakes, barring any special circumstances, and therefore, it is not erroneous in the misapprehension of legal principles as to the revocation of the confessions under Article 40 of the Civil Procedure Act.

The judge of the Supreme Court (Presiding Judge) Ma-Ma-man (Presiding Judge) Ma-man Ma-man Ma-man Ma-man Ma-man Ma-man