부당이득금
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. On August 1, 2007, the Changwon District Court Decision 2005Da15270 decided to dismiss the Plaintiff’s claim against the Defendant on the grounds that the Plaintiff filed a final judgment subject to a retrial, and the judgment dismissing all the claims extended or added by the Plaintiff’s appeal and appellate court on April 24, 2008 (hereinafter “the judgment subject to a retrial”) was rendered on April 24, 2008, while the Plaintiff filed a final judgment to dismiss the Plaintiff’s appeal on October 23, 2008 by Supreme Court Decision 2008Da37407 and the Supreme Court rendered a final judgment to dismiss the Plaintiff’s appeal on October 23, 2008, the fact that the judgment subject to a retrial became final and conclusive on the same day is clear.
2. Determination on the lawfulness of the litigation for retrial of this case
A. The Plaintiff’s assertion 1) The Plaintiff’s evidence B, the former owner of the real estate listed in the attached list, died in 1915, and according to the E-Myeonbook prepared by the judgment subject to a retrial as evidence No. 5, “it is impossible to issue a written confirmation of ownership in the name of the deceased,” despite the fact that “the Defendant may not issue a written reply of ownership in the name of the deceased.” However, the Defendant
In light of various circumstances, including the fact that, after completing the registration of ownership transfer under B’s name on March 27, 1980, the registration of ownership transfer was completed under the name of the defendant under the receipt of the original district court No. 8698 and the registration of ownership transfer was completed under the name of the defendant under the same registry office as of the same day, there are grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act (when documents and other items as evidence for the judgment were forged or altered) (when the false statement by a witness or interpreter or the false statement by a party or by legal representative by the party questioning). (2) In light of the fact that most documents attached to the registration of ownership transfer on real estate listed in the attached list were forged, the defendant’s possession is held.