부동산실명법위반 과징금부과재결처분취소
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, and.
1. Basic facts
A. As to the instant case brought by the Plaintiff against the Defendant, this Court rendered a judgment subject to a retrial on April 16, 2013, stating that this Court dismissed the Plaintiff’s claim.
B. The original judgment subject to a retrial was served on April 23, 2013 by the Plaintiff’s legal representative. On May 8, 2013, the original Defendant’s failure to file an appeal, which became final and conclusive on May 8, 2013, and the Plaintiff filed a lawsuit for retrial of this case on December 28, 2015.
[Ground of recognition] Unsatisfy, substantial facts in this court, purport of the whole pleadings
2. The assertion and judgment
A. The judgment subject to a retrial by the Plaintiff is merely based on a simple circumstance, without rendering a proper judgment on the cause for the transfer of ownership in the future E, based on specific evidence. This constitutes a ground for retrial under Article 451(1)9 of the Civil Procedure Act, which is a ground for retrial, “when omitting a judgment on important matters that may affect the judgment.”
B. According to Article 456(1) and (2) of the Civil Procedure Act, a lawsuit for a retrial shall be filed within a peremptory period of 30 days from the date when the party to the lawsuit becomes aware of the grounds for retrial after the judgment became final and conclusive, and the existence of the grounds for retrial under Article 451(1)9 of the Civil Procedure Act, “when the party omitted any judgment on important matters that may affect the judgment,” barring special circumstances, is deemed to have known the grounds when the party received the original copy of the judgment subject to retrial (see Supreme Court Decision 2000Da49, Sept. 28, 200), and if the judgment becomes final and conclusive after becoming aware of the grounds for retrial, the above 3
(Supreme Court Decision 93Da43798 Decided December 14, 1993). However, the grounds for omitting judgment asserted by the Plaintiff should be deemed to have been known at the time when the Plaintiff was served with the original judgment on April 23, 2013, and thereafter, the instant lawsuit for retrial should be filed on December 28, 2015, which was 30 days after the date when the original judgment became final and conclusive on May 8, 2013.