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(영문) 서울고등법원 2019.07.11 2019재나104

소유권이전등기등

Text

1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

Reasons

1. The following facts are significant in the appellate court’s decision:

On January 2, 2006, the first instance judgment, including the Plaintiff, and Plaintiff 6 (hereinafter “Plaintiff, etc.”) of the judgment subject to a retrial filed a lawsuit against the Defendants on January 2, 2006, by asserting that they were inheritance right holders with respect to each real estate listed in the separate sheet. The deceased on October 29, 2016, Defendant AY’s father, who was his father (the deceasedJ was dead on October 29, 2016). Based on this, Defendant AY succeeded to the corresponding shares of each real estate listed in the separate sheet No. 3 and No. 6 as indicated in the separate list, and the remaining Defendants’ ownership transfer registration was completed. The above court dismissed the first instance judgment that dismissed the Plaintiff, etc.’s claim on December 14, 2006.

B. The Plaintiff et al. appealed against the judgment of the court of first instance. During the appellate trial, the Plaintiff et al. withdrawn the claim regarding the real estate stated in Articles 11 and 12 of the Attached List, while the appellate court rendered a judgment subject to a retrial that all appeals by the Plaintiff et al. were dismissed on November 16, 207

C. The Plaintiff appealed to the original judgment. However, on March 27, 2008, the Supreme Court dismissed the Plaintiff’s final appeal (Supreme Court Decision 2008Da6588), and on April 2, 2008, when the original copy of the said final judgment was served on the Plaintiff, the part concerning the Plaintiff among the original judgment subject to a final judgment became final and conclusive.

After the decision for a retrial became final and conclusive, the Plaintiff filed a lawsuit against the Defendants for a retrial on the grounds that most of the same or similar grounds were identical, but all of the judgment was dismissed.

On March 11, 2019, the Plaintiff filed a lawsuit against the Defendants for retrial of this case.