소유권이전등기
1. Of the judgment subject to a retrial, the part on Plaintiff (Plaintiff) and network D shall be revoked.
2. The plaintiff (the plaintiff) is entitled to review.
1. The Plaintiff (hereinafter “Plaintiff”) who confirmed the judgment subject to a retrial (hereinafter “Plaintiff”) filed a lawsuit claiming ownership transfer registration against Cheongju District Court Decision 2016Da115586, Cheongju District Court Decision 2016Da115586, and “D, B, C, E, and F” from the above court on July 7, 2017, “D, C, E, and F” (hereinafter “instant land”).
On February 1, 2017, the Court rendered a favorable judgment on the registration of ownership transfer due to the termination of title trust (hereinafter “the subject judgment on review”) with respect to one-fifth of each of the 15 shares, and the fact that the judgment became final and conclusive is significant in this court.
2. Determination as to the existence of a ground for retrial
A. In a case where a judgment is rendered after the interruption of litigation procedures due to the death of either party during the proceeding of the relevant legal principles and the pleading is concluded, the judgment is unlawful in the procedure that results in the exclusion of legitimate assignees who can participate in the lawsuit from the authority of a legitimate assignees, but such judgment cannot be deemed null and void as a matter of course. However, the judgment may be claimed for revocation by an appeal or retrial on the ground of defects in power of attorney, just as in the case where the judgment was not duly represented by
(See Supreme Court Decision 2003Da34038 delivered on November 14, 2003, etc.). B.
Judgment
D The facts that the Plaintiff died on April 17, 2017 after being served on January 25, 2017 with a copy of the complaint filed by the Plaintiff, and the facts that the lawsuit was interrupted due to the death of D and the fact that the lawsuit was terminated due to the termination of the pleadings of the principal suit, are recognized by the fact that the judgment subject to a retrial was rendered. According to the above legal principles and facts, the part concerning the Plaintiff and D among the judgment subject to a retrial provided for in the main sentence of Article 451(1)3 of the Civil Procedure Act.
3. Judgment on the merits
A. On October 1950, 1950, the Plaintiff’s ground for the instant claim.