소유권이전등기
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. Following the conclusion of the judgment subject to a retrial, the following facts are apparent in records or obvious to this court.
On October 17, 2011, the Plaintiff filed a lawsuit against the Defendant for the performance of the procedures for the registration of ownership transfer due to the exchange on the share of 84.7/9/19 of Daegu Suwon-gu B pursuant to the Daegu Suwon-gu District Court Decision 201Da69920, which was 84.7 square meters, and the said court rendered the first instance judgment that dismissed the Plaintiff’s claim on March 23, 2012.
B. On September 26, 2012, the Plaintiff appealed as Daegu District Court 2012Na60372, and the appellate court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal.
C. On September 28, 2012, the Plaintiff served a certified copy of the judgment subject to a retrial and thereafter appealed to this, and appealed by Supreme Court Decision 2012Da202093. However, on December 27, 2012, the judgment dismissing the judgment was rendered on the grounds that the original copy of the judgment was served on the Plaintiff on January 2, 2013, and the judgment subject to a retrial became final and conclusive as it becomes final and conclusive.
2. Whether the litigation for retrial of this case is legitimate
A. The plaintiff's assertion that the plaintiff's claim was made in the implementation of the Daegu D D D D Land Readjustment Project, and the designation of individual substitute land under the bottom of the high voltage line, which constitutes an abuse of official authority and abandonment of his duties, thereby infringing on an individual's private property, and there is an error of law that dismisses the plaintiff's claim due to
Ultimately, there are grounds for retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment on important matters that may affect a judgment is omitted) in the judgment subject to retrial.
B. In light of the proviso of Article 451(1) of the Civil Procedure Act, a suit for a retrial cannot be filed against the judgment of the court of final appeal that became final and conclusive on the grounds of appeal, as alleged in the grounds of appeal, and if the judgment of the court below was omitted, the original copy of the judgment can be served and the reasons for the judgment are read.