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(영문) 서울고등법원 2016.09.29 2015재나1208

소유권이전등기

Text

1. All of the lawsuits filed by the Plaintiff (Plaintiffs) for retrial shall be dismissed.

2. The costs of the review are assessed against the plaintiff (the plaintiff).

Reasons

1. Basic facts

A. On December 6, 1989, the Seoul High Court (Seoul High Court Decision 68Da23 delivered on December 6, 1989, 43, including the Deceased, filed a lawsuit against the Defendant (Seoul District Court 65Da5470) claiming the implementation of the procedure for ownership transfer registration on the ground of the completion of repayment, stating that the Defendant received part of the instant H-party land as allotted by himself.

On February 8, 1967, the Seoul Civil District Court rendered a favorable judgment against 34 persons except 9 persons, including I, among the plaintiffs in the case of 65Ga5470 on February 65, 1967, and ruled against 9 persons, including the other I. In the case of 65Ga5470 case against which the plaintiffs and the defendant appealed (Seoul High Court 67Na646), the above court dismissed the defendant's appeal on December 8, 1967, and accepted six plaintiffs' appeal including the above I. However, the defendant's appeal was dismissed on March 19, 1968.

(Supreme Court Decision 68Da106). The Defendant filed a petition for review of the civil judgment that has already been invalidated while investigating the persons involved in the case of the claim for ownership transfer registration of the HJ land in 1968 and 1970.

The judgment of December 6, 1989 was rendered on the retrial case (Seoul High Court 68Na23) in which the plaintiffs filed the case of this case 65Ga5470 and won the Seoul High Court 67Na646 decided on December 6, 1989.

As the defendant's petition for retrial was accepted, the judgment in favor of the above plaintiffs (Seoul District Court 65Da5470, Seoul High Court 67Na646) was revoked, and the above plaintiffs' claim was dismissed.

(However, the appeal against six Plaintiffs, including I, for which the claim was dismissed in Seoul Civil Procedure District Court 65No5470. The appeal against the Plaintiff was dismissed). On July 5, 2013, the Plaintiff (hereinafter “Plaintiff”) filed a request for re-adjudication against the Seoul High Court 68No23 Decided 5, 2013, but the re-adjudication was dismissed on the ground that the period for filing the request for re-adjudication was expired, and the Seoul High Court Decision 2013Re-du621 decided July 2, 2014.