소유권이전등기
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, ..
1. Following facts which have become final and conclusive in the judgment subject to review shall be significant or clearly recorded in this court:
The Plaintiff filed a lawsuit against the Defendant seeking the registration of ownership transfer as Incheon District Court 2015Kadan238774, and the court of first instance rendered a judgment accepting the Plaintiff’s claim on April 30, 2015.
B. The Defendant dissatisfied with the judgment of the first instance court and appealed as Incheon District Court 2015Na53841, but the appellate court dismissed the Defendant’s appeal on December 10, 2015, and declared that all of the Plaintiff’s claims, including additional claims, were accepted by the appellate court (hereinafter “instant judgment subject to a retrial”). The judgment became final and conclusive on December 25, 2015.
2. The Defendant or the Defendant’s father, who caused the request for a retrial, sold to C only 397 square meters, K forest and 602 square meters, and 77 million square meters in P forest and P forest, prior to the Incheon Strengthening-gun J., and the instant judgment subject to a retrial was merely granted a regional right to use each real estate indicated in the attached list as passage. However, the instant judgment subject to a retrial accepted the Plaintiff’s claim on different grounds. As such, there exists grounds for retrial corresponding to “when the judgment on important matters affecting the judgment was omitted” under Article 451(1)9 of the Civil Procedure Act.
3. Determination
A. A lawsuit for a retrial on a final judgment shall be permitted only when there are grounds for a retrial under each subparagraph of Article 451(1) of the Civil Procedure Act: Provided, That a lawsuit for retrial may not be brought unless the parties have asserted the grounds by an appeal, or do not assert it with knowledge thereof.
(Article 451(1) proviso of the Civil Procedure Act. In light of the proviso of Article 451(1) of the Civil Procedure Act, a suit for a retrial cannot be filed against the judgment of the court of final appeal which became final and conclusive on the ground of appeal, and if the judgment of the court below is omitted, the original copy of the judgment shall be served.