소유권말소등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and according to evidence or data submitted in the court of first instance (no additional evidence is submitted to this court), the fact-finding and judgment of the court of first instance are justified.
Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance.
2. Judgment on the plaintiff's application for resumption of argument
A. In principle, the court’s discretion to accept an application for resumption of oral argument when the parties filed an application for resumption of oral argument to submit arguments and evidence after the closing of oral argument.
However, the party who filed an application for resumption of pleadings was not given the opportunity to submit arguments and certifications due to the circumstances for which it is difficult for him/her to be responsible prior to the closing of pleadings, and where the subject matter of argument and certification falls under facts requiring proof that may depend on the outcome of the judgment, etc., in cases where rendering a judgment against the party without the opportunity to submit arguments and certification violates the procedural justice pursued by the Civil Procedure Act, the court is obliged to resume the pleadings
(Supreme Court Decision 2013Da27343 Decided October 27, 2014). B.
The Plaintiff was unable to know the exact contents of the case, and resigned from the Plaintiff on the preparation of pleading. The newly appointed attorney was unable to attend the hearing on the date of pleading, and the Plaintiff sought resumption of pleading to the effect that it should be guaranteed an opportunity to present at the last fact-finding court.
However, in the case of this case, the plaintiff did not have the opportunity to submit arguments and certifications due to the circumstances that the plaintiff could not be responsible before the closing of argument.
It is difficult to view that the subject of argument and certification corresponds to the facts requiring proof that can decide on the result of the judgment, and the Plaintiff.