건물소유권확인
1. All of the appeals filed by the Plaintiff (Plaintiff) are dismissed.
2. The costs of the retrial are assessed against the plaintiff.
1. The following facts are apparent in the records of the judgment subject to a retrial:
On April 27, 2009, the Plaintiff filed a lawsuit seeking confirmation of building ownership (hereinafter “instant building”) against the Defendant (hereinafter “Defendant”) on April 27, 2009, asserting that he/she had ownership of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the Seoul Nam-gu Incheon District Court (hereinafter “the building of the building of this case”) and was sentenced to dismissal of the Plaintiff’s claim on January 13, 2010
B. The Plaintiff filed an appeal against the above judgment as the Incheon District Court 2010Na4141, but the judgment dismissing the Plaintiff’s appeal on October 22, 2010 was rendered on the same grounds as the above judgment of the first instance.
C. On October 10, 201, the Plaintiff filed a second appeal, but the Supreme Court’s failure to make an order of correction such as stamp, etc. was dismissed by the petition of appeal on October 10, 201, and the said appellate judgment became final and conclusive on November 26, 2010.
2. Determination on the grounds for retrial
A. The plaintiff's assertion that the defendant was entitled to a fine of one million won on July 9, 2009 due to the alteration of a private document by altering the lease contract, and the judgment became final and conclusive. In addition, the court of first instance issued a summary order of a fine of two million won on perjury on December 22, 2010 on the ground that E gave a false testimony in the first instance court, and the summary order became final and conclusive. Thus, there is a ground for retrial under Article 451 (1) 6 and 7 of the Civil Procedure Act, and the judgment that the plaintiff renounced the ownership of the building of this case is erroneous.
B. If a lawsuit for retrial is filed, the court first examined whether there is a ground for retrial as asserted by the plaintiff for retrial, and then enters a trial on the merits only if it is deemed that there is a ground for retrial. Therefore, when it is found that there is no ground for retrial as alleged by the plaintiff for retrial, the final judgment shall be rendered without any need for deliberation on the merits.