[소유권이전등기말소등][공1984.7.1.(731),1015]
(a) The competent court of a lawsuit for retrial on the grounds of forgery or alteration of documents or other articles which served as data for fact-finding of the judgment at the appellate trial;
B. The method of dealing with a retrial suit filed in the appellate court on the case where the appellate court rendered a judgment on the merits (=transfer)
A. In a case where a forged or altered document or other article was provided for the fact-finding of the appellate court and the appellate court dismissed the final appeal on the grounds that there was no error in the appellate court’s deliberation of evidence, a new trial on the grounds that the judgment of conviction or a fine for negligence was final and conclusive, or that a final judgment of conviction or a fine for negligence cannot be rendered for reasons other than the defect of evidence shall fall under the exclusive jurisdiction of the appellate court which rendered the judgment
B. In a case where the plaintiff filed a lawsuit for retrial by stating that the certificate of ownership, which was invoked as evidence in the appellate court judgment, was forged, as the grounds for a retrial were clearly stated in the appellate court judgment by its own assertion that the grounds for a retrial pertains to the appellate court judgment, and the intent of the plaintiff for retrial is the subject of the appellate court judgment. However, it is reasonable to transfer the judgment to the appellate court which is the legal ground for retrial, since the defendant submitted to the
(a) Articles 422(1)6 and 422(2) and (b) of the Civil Procedure Act;
B. Supreme Court en banc Decision 83Meu1981 Decided February 28, 1984
Private Interest Day;
Understanding et al. and 10 others
Supreme Court Decision 75Da454,455 Decided February 13, 1979
The case is transferred to the Seoul High Court.
In a case where the appellate court dismissed the appeal on the grounds that the documents forged or altered documents or other articles were to be based on the fact-finding of the appellate court, and that the appellate court did not err in the misunderstanding of evidence, the grounds for retrial on the grounds that the judgment of conviction or alteration of such documents or other articles became final and conclusive or the judgment of a fine for negligence cannot be rendered for reasons other than defects in evidence shall fall under the exclusive jurisdiction of the appellate court which rendered the judgment on the merits. According to the petition of retrial and the litigation materials, the appellate court rendered a judgment against the defendants to file a lawsuit for cancellation of ownership transfer registration with the Seoul Civil District Court (see Supreme Court Decision 71Da2418,5018, Jun. 2, 1972). The appellate court rendered a new judgment on the merits of which the appellate court dismissed the plaintiff's appeal (see Supreme Court Decision 72Na1765,1766, Jan. 31, 1975).
Justices Lee Chang-chul (Presiding Justice)