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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff (the plaintiff and the selected party).
Reasons
1. The following facts are apparent in records:
The Plaintiff filed a lawsuit against the Defendant for the implementation of the procedure for registration of cancellation of ownership transfer registration, such as the entry in the purport of the claim, with the resident support of the Daegu District Court as the resident support of the Plaintiff himself/herself and the designated parties selected by the annex. On May 19, 2010, the said court rendered a judgment dismissing the Plaintiff’s claim.
B. On November 9, 2010, the Plaintiff appealed as Daegu District Court 2010Na10830, and the said court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal.
C. The Plaintiff, who was dissatisfied with the judgment subject to a retrial, appealed by Supreme Court Decision 2010Da10110, but the Supreme Court rendered a judgment subject to a retrial on March 24, 201 and became final and conclusive by a final judgment of dismissal of the Supreme Court.
2. Whether the lawsuit for retrial of this case is legitimate
A. On the real estate of this case asserted by the plaintiff, the Daegu District Court resident support 2009
8. Since the registration of transfer of ownership under the name of the defendant, which was made on the receipt of No. 18350, was based on the registration of transfer of ownership in the name of D, a processed object, and thus becomes null and void, the judgment subject to a retrial is dismissed by citing the judgment of the court of first instance as it is, and thus, the judgment subject to a retrial has grounds for retrial under Article 451(1)5, 6, 8, and
B. Article 451(1)5 and Article 451(1)6 of the Civil Procedure Act provides that “The grounds for retrial under Article 451(1)4 through 7 of the Civil Procedure Act may be brought in a retrial only when a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive or a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence.” Thus, in order to seek grounds for retrial under Article 451 subparag. 5 and 6 of the Civil Procedure Act, the above grounds for retrial have satisfied the requirements under Article 451(2)