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(영문) 대구지방법원 2019.04.24 2018재나196

청구이의

Text

1. All the plaintiff (the plaintiff)'s claim added after the suit of this case and the suit of this case was filed.

Reasons

The following facts are significant or obvious to this court in terms of records:

The Plaintiff filed an objection against the Defendant with the Daegu District Court Decision 2016Kadan12851, stating that “The Defendant’s Republic of Korea District Court Decision 2014Da38747 against the Plaintiff shall not be subject to compulsory execution.”

On February 7, 2017, the above court rendered a judgment of the first instance that “The compulsory execution based on the Daegu District Court Decision 2014 Ghana38747 against the Plaintiff is dismissed only on the part exceeding KRW 9,50,000. The remaining claims of the Plaintiff are dismissed.”

After filing an appeal against the judgment of the first instance with the Daegu District Court 2017Na3282, the Plaintiff added the Plaintiff’s claim that “The Defendant, who does not have the right and obligation to file a claim against the Plaintiff, shall close the entrusted management without any corresponding matters in violation of the Enforcement Decree of the Housing Act, and shall cancel the decision to commence compulsory sale of the building No. 40179, the receipt of the first floor E of the building No. 40179, Feb. 25, 20

On November 15, 2017, the above court dismissed the Plaintiff’s appeal and sentenced the judgment dismissing the Plaintiff’s additional claim part (hereinafter “the judgment on review”).

The judgment subject to a retrial was served on November 21, 201 on the Plaintiff and became final and conclusive on December 6, 2017.

On November 27, 2017, the previous Supreme Court rendered a judgment of the first instance (Seoul District Court 2016Kadan12851) on November 27, 2017, which was subject to review, filed a lawsuit for retrial with the Daegu District Court 2018NaNa42 regarding the judgment subject to review, and which was transferred.

The claim was added.

On June 20, 2018, the above court rendered a judgment dismissing all the requests for retrial and additional claims.

The above judgment was finalized on July 11, 2018.

On December 3, 2018, the Plaintiff filed a lawsuit for reexamination of the instant case.

The subject matter of retrial is not specified in the petition for retrial.