소유권이전등기
All appeals are dismissed.
The costs of appeal are assessed against the defendant (defendant).
The grounds of appeal are examined.
1. Whether the period for filing a lawsuit for retrial (Ground of appeal No. 1) is observed, the Plaintiff (hereinafter “Plaintiffs”) asserted that there exists a ground for retrial as stipulated in Article 451(1)8 of the Civil Procedure Act in the instant judgment subject to retrial, on the grounds that the conviction against the deceased AB, Z, Q (hereinafter “the network AB, etc.”) was based on the instant judgment subject to retrial (Seoul High Court 68No24), and that the judgment of innocence became final and conclusive in the criminal review, and that there was a ground for retrial as stipulated in Article 451(
The lower court determined that the instant lawsuit filed on July 3, 2018, which was filed on July 3, 2018, was lawful within the period stipulated in Article 456(1) of the Civil Procedure Act, on the ground that the Plaintiffs had known the result of criminal review against the network AB, etc. on or around June 28, 2018, and there was no other evidence to view otherwise.
The judgment below
Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
2. In a case where multiple convictions, which forms the basis for the judgment subject to a retrial, were altered through a retrial for common reasons, whether grounds for retrial under Article 451(1)8 of the Civil Procedure Act arise when a judgment of innocence becomes final and conclusive (ground of final appeal No. 2). In a case where there is a serious defect that cannot be recognized as effective as to the final and conclusive judgment, a new trial would exceptionally be provided to realize specific definitions by extinguishing legal stability in accordance with the final and conclusive judgment and correcting
(see, e.g., Supreme Court Decision 91Da45691, Jul. 24, 1992). Article 451(1)8 of the Civil Procedure Act provides that “When a civil or criminal judgment, or any other judgment or administrative disposition, which forms the basis of a judgment, has been changed by a different judgment or administrative disposition,” the grounds for retrial.
This is followed by a judgment or administrative disposition on which the judgment was based.