소유권이전등기
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, or Plaintiff for retrial).
1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:
The plaintiff filed a lawsuit against the defendant as the Gwangju District Court 2004Kadan57910, and the above court rendered a judgment dismissing the plaintiff's claim on February 17, 2005.
B. Accordingly, the Plaintiff filed an appeal with the Gwangju District Court 2005Na3249, and the Defendant filed a counterclaim with the 2005Na3737. On December 14, 2005, the said court rendered a judgment dismissing the Defendant’s counterclaim (hereinafter “instant judgment subject to a retrial”).
C. Accordingly, the Defendant appealed as Supreme Court Decision 2006Na3264 (principal suit), 2006Na3271 (Counterclaim), but the Defendant’s final appeal was dismissed on April 14, 2006, and thus, the instant judgment subject to a retrial became final and conclusive on April 19, 2006.
2. Determination on the lawfulness of the litigation for retrial of this case
A. The grounds for retrial of this case asserted by the Defendant are as follows: ① When a judge, who was involved in the judgment subject to retrial, commits a crime relating to his duties in connection with the case (No. 4); ② when the documents and other articles used as evidence for the judgment were forged or altered (No. 6); ③ when the false statement by a witness, appraiser, interpreter, or when the party or legal representative based on the party examination, or when the false statement by either the party or legal representative was admitted as evidence for the judgment (No. 7); ④ when the judgment was omitted on important matters affecting the judgment (No. 9); ⑤ when the judgment prior to the judgment was rendered, there are grounds for retrial of Article 451(1)4, 6, 7, 9, and 10 of the
B. (1) Except in a case where a suit for a retrial is filed on the grounds of defects in the power of attorney or the matters provided for in Article 451(1)10 (when the judgment prior to the judgment to institute a retrial is contrary to the final and conclusive judgment), the suit shall be filed within 30 days from the date the party becomes final and conclusive, and the grounds for retrial shall also be