부당이득금
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:
On July 24, 2012, the Plaintiff filed a lawsuit against the Defendant seeking return of unjust enrichment equivalent to the rent due to the illegal possession of each real estate listed in the separate sheet (hereinafter collectively referred to as “instant land”) with the Seoul East East District Court Decision 2012Gadan42476, which was the Seoul East District Court (hereinafter collectively referred to as “instant land”). As to the extension of the purport of the claim, the said court transferred the instant land to the above court 2013Gahap105159 on August 20, 2013. The said court rendered a judgment dismissing the Plaintiff’s claim on December 26, 2013 on the ground that the previous owner F and G (hereinafter referred to as “F”) renounced the exclusive right to use and benefit from the instant land (hereinafter referred to as “the first judgment”).
B. The Plaintiff, who was dissatisfied with the judgment of the first instance, appealed as Seoul High Court No. 2014Na200201, but the said court rendered a judgment dismissing the Plaintiff’s appeal on December 4, 2014 (hereinafter “the judgment on review”).
C. The Plaintiff, who is dissatisfied with the judgment subject to a retrial, appealed by Supreme Court Decision 2014Da236397, but the Supreme Court rendered a judgment dismissing the appeal on March 27, 2015, thereby became final and conclusive.
2. Whether the litigation for retrial of this case is legitimate
A. The summary of the Plaintiff’s assertion 1) The grounds for a retrial under Article 451(1)8 of the Civil Procedure Act, F, etc., of the grounds for a retrial under Article 451(1)8 of the Civil Procedure Act, from the I on December 12, 1967, 584, 511, and L former 295, which were included in the E-Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Land Readjustment Project
(1) On December 18, 1967, the Plaintiff purchased the previous land, and completed the registration of ownership transfer on the previous land. After which there was a division and disposition of replotting on the previous land. Accordingly, the land category of the instant land was changed to “road”. The Plaintiff, on November 15, 2017, after the judgment subject to a retrial became final and conclusive, through the disclosure of information from Seoul Special Metropolitan City on October 8, 1969 (Evidence A17).