매매대금
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. Whether a lawsuit for retrial is lawful;
A. The plaintiff's assertion that there are grounds for retrial under Article 451 (1) 3 (when there is any defect in granting a legal representation right, powers of attorney, or power required for a legal action by his/her representative), 5 (when there is a defect in granting a power of attorney, power of attorney, or power required for a legal action by another person subject to criminal punishment), 6 (when the document and other articles as evidence of the judgment are forged or altered), 8 (when a judgment is forged or altered by any other judgment or administrative disposition), 9 (when judgment and other judgments or administrative dispositions that form the basis of the judgment were altered by any other judgment or administrative disposition), 10 (when a judgment is omitted on important matters that may affect the judgment), and 10 (when a judgment prior to the judgment to institute a new trial is inconsistent with a final judgment rendered prior to the judgment to institute a new trial) of the Civil Procedure Act.
B. The Plaintiff asserts that the reason for retrial under Article 451(1)6 of the Civil Procedure Act is forged, such as a real estate sales contract, a real estate transaction promise, a real estate transaction contract statement, a power of attorney, a request for delegation of issuance of civil petition documents, a real estate transfer document
However, Article 451(2) of the Civil Procedure Act provides that in the case of Article 451(2)4 through 7, a lawsuit may be brought only when a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive or when a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence. However, a judgment of conviction or judgment of imposition of a fine for negligence
There is no evidence that it is impossible to make a final and conclusive judgment of conviction or imposition of a fine for negligence for reasons other than lack of evidence.
Therefore, the grounds alleged by the Plaintiff cannot be the grounds for retrial under Article 451(1)6 of the Civil Procedure Act.