토지소유권이전등기
1. All of the lawsuits for retrial of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
The Plaintiff responded from this court to the effect that the judgment subject to a retrial is the first instance judgment (the Changwon District Court 94Gahap7508), and the appellate court judgment (the Busan High Court 96Na1832), the Plaintiff’s additional amendment was ordered on July 17, 2018, stating that “The appellate court filed a lawsuit against the appellate court on July 4, 2016, but was already dismissed, and filed a new trial against the first instance judgment.” As such, the instant judgment subject to a retrial is the first instance judgment.
Where the appellate court rendered a judgment on the merits in the appellate trial, it is not possible to institute a lawsuit for retrial against the judgment of the first instance. Therefore, a lawsuit filed in the first instance court against the judgment of the first instance, which is not the judgment of the appellate court, is a lawsuit which is not the object of
(2) The court below's decision to dismiss the plaintiff's claim was rendered on December 21, 1995 and the appellate court rendered a judgment to dismiss the plaintiff's claim on June 20, 1996 (see, e.g., Supreme Court en banc Decision 83Meu1981, Feb. 28, 1984). However, according to records and records, the court below's decision to dismiss the plaintiff's claim was rendered on December 21, 1995. The court below's decision to dismiss the plaintiff's claim was made on June 20, 1996 (Supplementary High Court 96Na1832), and the plaintiff's appeal was final and conclusive by the appellate court's judgment (see
Therefore, all of the lawsuits for retrial of this case shall be dismissed, and it is so decided as per Disposition.