청구이의
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, ..
1. The following facts in the course of the case are significant or apparent in the records of this court:
The plaintiff in the judgment subject to a retrial brought an action against the defendant as Seoul Western District Court 2010Kadan43668.
On December 27, 2011, the first instance court accepted the Plaintiff’s claim and rendered a favorable judgment of the Plaintiff that “A notary public against the Plaintiff by the Defendant against D on November 12, 2008 shall not be subject to compulsory execution based on the No. 3926 of the No. 3926 of the certificate of monetary loan for consumption”.
The defendant appealed against this and appealed as Seoul Western District Court 2012Na956, but the appellate court rendered a judgment dismissing the defendant's appeal on September 14, 2012 (the judgment on review).
The Defendant appealed and appealed by Supreme Court Decision 2012Da90030, but on December 27, 2012, the judgment dismissing the appeal was rendered on December 31, 2012 and the original copy of the judgment was served on the Defendant on December 31, 2012.
Accordingly, the judgment subject to a retrial was finally affirmed.
B. (1) After the judgment for retrial became final and conclusive, the Defendant was dismissed on the grounds that the lawsuit was filed several occasions after the judgment for retrial became final and conclusive, but was rendered a final and conclusive judgment on the grounds that it was an unlawful lawsuit for retrial. As a result of the instant case on the date of filing a case by which the number of case number was pronounced, the final and conclusive appeal was rendered on July 17, 2014, the Seoul Western District Court Decision 2014Da57167 (Dismissal on November 13, 2014), Seoul Western District Court Decision 2014Na125, Dec. 17, 2014 】 (Dismissal on December 2015, 2015) 】 (O3 Seoul Western District Court Decision 2015Na477, Aug. 17, 2015) 】 The Plaintiff’s ground for retrial was dismissed on the ground that the Plaintiff’s ground of final and conclusive judgment was dismissed in the process of the instant case by deceiving the Plaintiff’s lawsuit in the final and conclusive judgment.
3. The above three cases of review shall be one of the three cases.