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(영문) 서울고등법원 2016.04.21 2015재나816

소유권이전등기

Text

1. All of the lawsuits for retrial of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

Reasons

1. Whether the litigation for retrial of this case is legitimate

A. The Plaintiff filed a lawsuit for retrial of this case by asserting that there was a ground for retrial (when the judgment was omitted on important matters that may affect the judgment) under Article 451(1)9 of the Civil Procedure Act in the judgment subject to retrial.

B. A lawsuit for retrial shall be instituted within 30 days from the date when a judgment became final and conclusive, and the grounds for retrial, such as omitting judgment, etc., were known at the time when the parties were served with the original copy of the judgment, barring special circumstances. Barring special circumstances, the Plaintiff filed a final appeal against the judgment subject to retrial. The Plaintiff’s final appeal against the judgment subject to retrial was dismissed on April 28, 201 by the judgment rejection on April 28, 201, and was served on the Plaintiff on May 4, 201. The fact that the instant lawsuit for retrial was filed on August 27, 2015, 30 days after the lapse of 30 days thereafter, is apparent in the record, and thus, the instant lawsuit for

2. Therefore, we decide to dismiss the lawsuit of this case for retrial as per Disposition.