소유권이전등기
1. The request for retrial of this case is dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, and.
1. On October 22, 2014, the Plaintiff filed a lawsuit against the Defendant seeking the implementation of the procedure for ownership transfer registration based on the restoration of title (U.S. District Court Decision 2014Da531944, Oct. 22, 2014) with respect to each of the 4/29 shares in the land listed in the separate sheet No. 1 through 4, 2014 (No. 2014da531944). This court rendered a ruling that all the Plaintiff’s claims were received on July 1, 2015 (hereinafter “the judgment for review”) and the fact that the judgment was served on the Defendant and became final and conclusive at that time is significant or obvious in this court.
2. Determination as to the existence of a ground for retrial
A. The plaintiff deceivings the defendant in a lawsuit for the judgment subject to a retrial by the defendant, and the defendant is absent from the court for reasons not attributable to himself/herself, so the confession cannot be established.
In other words, there are grounds for retrial under Article 451 (1) 3 of the Civil Procedure Act, since the defendant's right to the party is not substantially guaranteed.
B. Determination 1) In order for a ground for retrial under Article 451(1)3 of the Civil Procedure Act to constitute “when there is any defect in granting a legal representation right, powers of attorney, or authority required for the procedural acts by an agent,” the ground for retrial under Article 451(1)3 of the Civil Procedure Act should be a case where an unauthorized agent, as an agent, has conducted a substantial procedural act on behalf of himself/herself, or where he/she or his/her attorney was unable to conduct a substantial procedural act due to the defect of power of attorney (see, e.g., Supreme Court Decisions 92Da259, Dec. 22, 1992; 2005Da10470, Jul. 12, 2007). The above ground for retrial is a provision to guarantee the right of a party, and thus, is unfairly deprived of the opportunity to submit a means of attack and defense at the date for pleading, if