제권판결에 대한 불복의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserts that from September 2009, the Plaintiff was a bona fide acquisitor who had the instant certificate and sought the revocation of the nullification judgment sentenced by this court on the instant certificate through the public summons procedure.
ex officio, a lawsuit against objection against a judgment of nullification is not instituted three years after the date when the judgment of nullification was rendered (Article 491(4) of the Civil Procedure Act). On February 26, 2013, the date when the Defendant was sentenced by this court to a judgment of nullification in a public summons case can be recognized by comprehensively taking into account the entries of evidence No. 1 and the overall purport of pleadings. The fact that the Plaintiff filed the lawsuit in this case on August 2, 2019 when three years have passed from the date when the Plaintiff was sentenced to a judgment of nullification is apparent in the record, and thus, the lawsuit in this case is unlawful, even if the period of a lawsuit against objection against the judgment
Therefore, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.