구상금
The request for retrial is dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
1. According to the records as to the existence or absence of grounds for retrial, ① the Plaintiff (hereinafter “Plaintiff”) was sentenced to dismissal judgment on the judgment on the Plaintiff’s failure to file a petition of appeal with the lower court on November 9, 2018, and received the appellate brief stating the number of the lower court on November 14, 2018, before it was transferred to the Supreme Court. The appellate brief sent to the lower court according to the number of the case in the lower court was received by the lower court on November 19, 2018; ② the court of the lower court classified the “written delivery” of the electronic litigation system in the process of converting the foregoing document sent by the Supreme Court into an electronic document; ③ the receipt of the appellate brief of this court on the judgment subject to retrial was delivered to the Plaintiff on November 28, 2018; ④ The court did not submit the appellate brief under Article 25 of the Civil Procedure Act as to the Plaintiff’s grounds for appeal on the grounds for final appeal without knowing the Plaintiff’s grounds for appeal.
According to these facts, the Plaintiff’s submission of the appellate brief within the submission period is apparent, and thus, the judgment subject to a retrial is erroneous by omitting judgment on important matters that may affect the judgment, and this constitutes grounds for retrial under Article 451(1)9 of the Civil Procedure Act.
2. According to the reasoning of the lower judgment on the grounds of appeal, the lower court, based on its adopted evidence, completed the registration of transfer of ownership of 1/3 shares on the ground of sale on October 1, 1981 in the Plaintiff, G, and Defendant on January 27, 1982, and ② D limited liability company on November 9, 204.