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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, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:
The Plaintiff filed a lawsuit against the Defendants on February 9, 201, the Jeju District Court 201Gahap2063, and was sentenced to the judgment of the first instance court against the Plaintiff on February 9, 2012. The Plaintiff appealed against the said judgment and filed an appeal under this Court ( Jeju) 201Na428. On December 26, 2012, the court rendered a judgment dismissing the Plaintiff’s appeal and dismissing the Plaintiff’s claim extended at the appellate court.
In response to the above appellate judgment, the Plaintiff filed an appeal by Supreme Court Decision 2013Da14248, but the Supreme Court rendered a judgment dismissing the Plaintiff’s appeal on May 9, 2013, and the above appellate judgment became final and conclusive at that time.
B. The Plaintiff filed a lawsuit for retrial on January 20, 2014 by this Court ( Jeju) No. 2014Na17, but this Court dismissed the lawsuit for retrial on June 11, 2014. Although the Plaintiff filed an appeal, the said judgment became final and conclusive as it is by a judgment of the Supreme Court on September 24, 2014.
C. On November 7, 2014, the Plaintiff filed a lawsuit for retrial under this Court ( Jeju) 2014Na62, but this Court dismissed the lawsuit for retrial on April 29, 2015 (the instant judgment subject to retrial) and the said judgment became final and conclusive as it is.
2. Determination as to the existence of a ground for retrial
A. The gist of the Plaintiff’s assertion is to the effect that “The instant judgment subject to a retrial ought to be revoked,” as grounds for retrial under Article 451(1)6 of the Civil Procedure Act, on the grounds that “the Defendant and the public official in charge, etc. have completed unlawful registration by forging the relevant land cadastre, etc., and can be recognized based on the relevant evidence.”
B. According to Article 451(1)6 of the Civil Procedure Act, “when a document constituting evidence for judgment has been forged,” one of the grounds for retrial.