소유권이전등기
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. The following facts in the process of the instant case are significant in the original court. A.
On January 2, 2006, the Plaintiff, one of the deceased N’s successors, filed a lawsuit (Seoul Central District Court 2006Gahap31, Seoul Central District Court 2006Gahap31) against Defendant AY’s father, and against the other Defendants, seeking the cancellation of ownership transfer registration or ownership transfer registration (Seoul Central District Court 2006Gahap31) with respect to the Plaintiff’s shares in inheritance among each real estate listed in the separate sheet, as stated in the purport of the claim.
In the above case, the Plaintiff asserted that “The owner of each real estate of this case is the network N, the network has forged the relevant registration document and completed the registration of ownership transfer in his name, and based on this, the ownership transfer in the name of the Defendants was completed.”
B. In the first instance court, the Plaintiff was sentenced to the dismissal judgment (Seoul Central District Court Decision 2006Gahap31, Dec. 14, 2006) in the second instance, the judgment dismissing an appeal (Seoul High Court Decision 2007Na9476, Nov. 16, 2007; hereinafter “the judgment on review”) in the second instance, and the judgment dismissing an appeal in the third instance (Supreme Court Decision 2008Da6588, Mar. 27, 2008), respectively. The judgment subject to review was finalized on April 2, 2008.
C. After the judgment subject to a retrial became final and conclusive, the Plaintiff filed a lawsuit against the Defendants for a retrial on the judgment subject to a retrial at least seven times, but was rendered a dismissal judgment.
On December 12, 2017, the Plaintiff filed a lawsuit against the Defendants for retrial of this case. D.
The Network J died on October 29, 2016.
Defendant AY, who is the ASEAN, succeeded to the corresponding share of each of the real estate listed in paragraphs 3 and 6 of the attached list through a consultation on the division of inherited property.
2. Determination
A. As to the grounds for retrial as stipulated in Article 451(1)6 and (2) of the Civil Procedure Act, the full bench of the judgment on retrial rejected the Plaintiff’s claim based on the forged evidence by the network, the judgment subject to retrial is subject to the Civil Procedure Act.