소유권이전등기
1. Of the lawsuits for retrial of this case, the part based on the grounds for retrial under Article 451(1)9 of the Civil Procedure Act is dismissed.
1. The defendant, who is a member of the reconstruction association, is obligated to transfer and order the ownership transfer registration procedure to the plaintiff who is a partner of the reconstruction association as to the apartment building owned by him, and the above court rendered a judgment of the first instance on August 13, 2004. The defendant appealed in Seoul High Court Decision 2004Na66836, but the above court dismissed the defendant's appeal on October 12, 2005. The defendant again appealed in Supreme Court Decision 2005Da69045, which became final and conclusive on March 10, 2006, but it is clear in the record that the judgment of final judgment became final and conclusive as the judgment of final appeal was rendered on March 10, 2006.
2. Determination on the grounds for retrial
A. The defendant's assertion that the grounds for retrial under Article 451 (1) 8 of the Civil Procedure Act (1) of the defendant is that the judgment subject to retrial was effective on or around April 8, 2003, but the Seoul High Court ruled that the defects of the quorum for rebuilding resolution in the above Seoul High Court Decision 2005Na9558 Decided April 28, 2006 was completed on or around December 20, 2003, and that the judgment became final and conclusive, the judgment subject to retrial was changed by another judgment under Article 451 (1) 8 of the Civil Procedure Act, namely, when the judgment constituting the basis for the judgment subject to retrial was changed by a different judgment.
(2) The term “when a judgment or any other judgment or administrative disposition, which forms the basis of a judgment, has been altered by a different judgment or administrative disposition” as a ground for a retrial under Article 451(1)8 of the Civil Procedure Act refers to a case where a judgment or administrative disposition, which is a basis of a judgment, is legally binding on the judgment subject to a retrial, or where a judgment or administrative disposition, which is a basis of a judgment for fact-finding, has
Supreme Court Decision 201. 201