소유권이전등기
1. The lawsuit of this case shall be dismissed.
2. The costs of the trial for retrial shall be borne by the defendant (the plaintiff for retrial).
1. The following facts, which became final and conclusive in the judgment subject to review, are apparent in records or significant to this court:
On November 17, 2004, the Plaintiffs filed a lawsuit against the Defendants and the co-defendants of the first instance trial against U, V, W, X, Y, Z, AA, and AB [the Daejeon District Court Branch Decision 2004Gadan23727, 205Gadan8555 (merged)]. While the lawsuit is pending, the Intervenor (hereinafter “Supplementary Intervenor”) participated in the lawsuit on behalf of the Defendants.
B. On September 9, 2005, the above support dismissed the plaintiffs' lawsuit against co-defendant U in the first instance trial, and sentenced to a judgment citing the plaintiffs' claims against the defendants and co-defendants in the second instance trial. Accordingly, the judgment dismissing the defendants' appeal on July 14, 2006 (hereinafter "the judgment subject to a retrial") was rendered on July 14, 2006 by only the defendants appealed from the appellate court [ Daejeon District Court Decision 2005Na10447, 10454 (Merger)]. The defendants and the supplementary intervenors appealed from the appellate court [the Supreme Court Decision 2006Da55692, 206Da55708 (Merger)], but the judgment subject to a retrial became final and conclusive on March 26, 2009.
2. Whether the litigation for retrial of this case is legitimate
A. As for the grounds for a retrial under Article 451(1)9 of the Civil Procedure Act, the supplementary intervenor was divided into AX Forest 582 square meters (1,924 square meters) and AY Forest 1,793 square meters (hereinafter “AY land”) on October 10, 1926. AX 582 square meters (1,927 square meters; hereinafter “AY”), the land category was changed to 582 square meters (1,924 square meters; hereinafter “AX land”), AY 582 square meters (1,924 square meters); AY 1,793 square meters (5,927 square meters) on December 17, 2002; AY 1,793 square meters (5,927 square meters) on each of the real estate lists, and AY 263 square meters on each of the instant land and AY 2642,264 square meters on each of the instant land divided into 263 square meters on December 17, 200202.