소유권이전등기
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, ..
1. The following facts are apparent in the records of the judgment subject to a retrial:
The Plaintiff filed a lawsuit against the Defendant for the implementation of the ownership transfer registration procedure based on the termination of title trust against the instant real estate by Changwon District Court Decision 2005Da25642, and the said court rendered a judgment dismissing the Plaintiff’s claim on January 10, 2007.
B. As to this, the Plaintiff appealed as the Changwon District Court 2007Na1450 (the Plaintiff added the conjunctive claim as seen above in the appellate court), the above court revoked the first instance judgment on August 31, 2007 and rendered a judgment accepting the Plaintiff’s primary claim (hereinafter “the subject judgment for review”), and the Defendant appealed as the head of Changwon District Court 2007Da67869 on January 31, 2008, but the subject judgment for review became final and conclusive.
C. Since then, the Defendant asserts that there are grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act in the judgment subject to a retrial, and filed a lawsuit for retrial with the Changwon District Court 2008NaNa25, however, on July 11, 2008, the judgment dismissing the lawsuit for retrial became final and conclusive as it was declared by the court below. In addition, the Defendant asserts that there are grounds for retrial under Article 451(1)4, 6, and 10 of the Civil Procedure Act in the judgment subject to a retrial, and the Defendant filed a lawsuit for retrial under the Changwon District Court 209Na22, but the judgment dismissing the lawsuit for retrial on September 10, 209
2. Determination on the grounds for retrial
A. The defendant's assertion that the defendant filed the lawsuit of this case after being registered as a clan using a forged private document by the plaintiff, and the judgment subject to a retrial was based on forged documents and the witness's perjury. Thus, the judgment subject to a retrial has grounds for retrial under Article 451 (1) 6 and 7 of the Civil Procedure Act, and there are grounds for retrial under Article 451 (1) 4 and 8
B. We examine the judgment, and Article 451(1)6 and 7 of the Civil Procedure Act.