소유권이전등기말소등기 등
The litigation of this case shall be dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
ex officio, the retrial of this case is legitimate.
Lawsuits for retrial shall be allowed only when there are grounds stipulated in Article 451(1) of the Civil Procedure Act regarding the judgment subject to retrial.
Among the grounds for retrial asserted by the Plaintiff (Plaintiff), the allegation that “the instant judgment subject to review was dismissed due to the violation of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal,” does not constitute any of the grounds stipulated in the subparagraphs of Article 451(1) of the Civil Procedure Act. As such, this part of the grounds for retrial among the lawsuits for retrial
In addition, on November 27, 2019, the Plaintiff (Plaintiffs) added a preparatory document stating that “The instant judgment subject to review contains grounds for retrial (when the judgment was omitted on important matters that may affect the judgment) stipulated in Article 451(1)9 of the Civil Procedure Act.”
The grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act constitute separate grounds for retrial. Thus, even if a lawsuit for retrial was filed within the period for filing a retrial, the lawsuit on the grounds for retrial as to the part of the grounds for retrial asserted only after the lapse of the period for filing a retrial should be dismissed.
(See Supreme Court Decisions 82Da19 delivered on December 28, 1982; 90DaDa19 delivered on December 26, 1990, etc.). In addition, barring any special circumstance, if the original copy of the judgment in the final appeal is served on the party, the party becomes aware of the existence of the grounds for retrial by becoming aware of the omission of the judgment at the time the original copy of the judgment was served on the party, barring any special circumstance. Thus, the period of filing a lawsuit for retrial on the grounds of omission of judgment in the judgment in the final appeal should be calculated from the time when the original copy of
(See Supreme Court Decisions 2006Du290 Decided January 11, 2007; 2014Da817 Decided November 13, 2014, etc.).