소유권말소등기
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 fact of recognition are apparent or obvious to this Court, in the records:
On May 18, 2009, the Plaintiff filed a lawsuit against the Defendant seeking implementation of the procedure for registration of cancellation of ownership transfer registration in the name of the Defendant, which was completed for each real estate listed in the separate sheet, with respect to the real estate indicated in the separate sheet, and the Defendant did not submit a written reply within 30 days after receiving the above complaint. The court of first instance sentenced the Plaintiff’s winning judgment (hereinafter “the first instance judgment”) pursuant to Article 208(3)1 of the Civil Procedure Act on August 14, 2009, pursuant to Article 208(3)1 of the Civil Procedure Act.
On August 25, 2009, the defendant submitted a petition of appeal against the judgment of the first instance to the Gwangju District Court. On November 13, 2009, the appellate court revoked the judgment of the first instance on the ground that the plaintiff's claim against the defendant was filed, and the previous judgment which became final and conclusive against the defendant on November 13, 2009 (i) the first instance court's netcheon District Court Decision 2000Na3808, Gwangju District Court Decision 2000Na7536, Supreme Court Decision 2000Da62773, Supreme Court Decision 2000Da62773, Supreme Court Decision 2007Da5865, Supreme Court Decision 208Na4106, Supreme Court Decision 208Da76099, Supreme Court Decision 209, Supreme Court Decision 2009Na9580, Supreme Court Decision hereinafter referred to as "the original judgment") and dismissed the plaintiff's claim against the defendant's judgment.
Although the Plaintiff appealed against this, on February 25, 2010, the judgment dismissing the appeal was rendered (Supreme Court Decision 2009Da99648, hereinafter “Supreme Court Decision”) and the judgment subject to a retrial became final and conclusive as it is.
B. On March 25, 2010, the Plaintiff filed a suit for retrial prior to the instant suit for retrial, but the Gwangju District Court rendered a judgment dismissing the Plaintiff’s petition for retrial on June 25, 2010.