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(영문) 대구지방법원상주지원 2020.11.30 2020재가단1001

소유권이전등기

Text

Among the judgment subject to a retrial, the part concerning the plaintiff (Plaintiff) and the network B shall be revoked.

The defendant (the defendant) is the defendant.

Reasons

1. Where a judgment is rendered after the interruption of litigation procedures due to the death of either party during the course of a lawsuit seeking a retrial, the judgment is unlawful in the course of the proceedings that result in the exclusion of legitimate takeovers entitled to participate in the lawsuit from the authority of a legitimate takeovers, but such judgment cannot be deemed null and void as a matter of course. However, as in the case where the judgment was not lawfully represented by an agent, the judgment may seek its revocation by appeal or retrial on the ground of defects in the power of attorney.

(Supreme Court en banc Decision 94Da28444 Decided May 23, 1995). According to the purport of the preceding arguments, the Plaintiff and B among the judgment subject to a retrial is limited to the death of October 15, 2019 during the litigation, after being served with a complaint on August 15, 2019, and it is recognized that the judgment of deemed a confession was rendered on February 19, 2020, on the ground that there exists a ground for retrial under the main sentence of Article 451(1)3 of the Civil Procedure Act.

2. Determination on the merits

(a) describe the reasons for the request for a retrial in the annex;

(b) Judgment deemed as a confession by non-appearance: Articles 208(3)2 and 150(3) of the Civil Procedure Act;

Ultimately, the defendant C is obligated to implement the registration procedure for transfer of ownership on March 28, 2012 with respect to the share of 480/3240 [120/3240 120/3240], the defendant D is obligated to implement the registration procedure for transfer of ownership on March 28, 2012 with respect to the share of 480/3240 [120/3240/3240 360/3240], and the defendant E is obligated to implement the registration procedure for transfer of ownership on March 28, 2012.