소유권이전등기
The appeal is dismissed.
The costs of appeal are assessed against the defendant (defendant).
The grounds of appeal are examined.
1.(a)
Where there is a serious defect in which the effect of the final and conclusive judgment is not recognized, the retrial is exceptionally prepared to realize specific justice by extinguishing legal stability in accordance with the final and conclusive judgment and correcting the defect.
(see, e.g., Supreme Court Decision 91Da45691, Jul. 24, 1992). Article 451(1)8 of the Civil Procedure Act provides that “When a civil or criminal judgment, or any other judgment or administrative disposition, which forms the basis of a judgment, has been changed by a different judgment or administrative disposition,” the grounds for retrial.
This refers to a case in which a judgment or administrative disposition on the basis of a judgment has been finally and retroactively changed by another subsequent judgment or administrative disposition.
(See Supreme Court Decision 87Meu2088 delivered on December 8, 1987, etc.). The term “based on a judgment” refers to a case where a judgment has a legally binding force, or where the substance of a judgment has become a material for fact-finding in a final judgment and it is likely that the judgment might affect the fact-finding of the final judgment.
(2) As to the grounds for retrial under Article 451(1)8 of the Civil Procedure Act (see, e.g., Supreme Court Decision 94Da20570, May 31, 1996). The grounds for retrial constitute separate grounds for retrial. As such, in a case where multiple convictions were the basis for the judgment subject to retrial and the judgment of innocence became final and conclusive after the retrial, the circumstance that each conviction was revoked and the judgment of innocence became final and conclusive ought to be deemed separate grounds for retrial falling under “when a criminal judgment, which forms the basis of the judgment, was altered according to another judgment,” barring special circumstances.
The grounds for retrial recognized in criminal review for each conviction, which is the basis for the judgment subject to retrial, are common or the grounds for the judgment of innocence are the same.