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(영문) 창원지방법원 2020.12.17 2019재나14
부동산소유권말소등
Text

The litigation of this case shall be dismissed.

The litigation costs for 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 review, do not conflict between the parties or are apparent in records:

The Plaintiff filed a lawsuit against the Defendants, including cancellation of the ownership of real estate, as Changwon District Court Decision 2008Kadan60424, but this Court rendered a decision to dismiss the lawsuit against Defendant G, H and I on November 13, 2009, and to dismiss each claim against Defendant B, C, D, E, and F.

B. As to this, the Plaintiff appealed as the Changwon District Court 2009Na16036, but this Court rendered a judgment dismissing all the Plaintiff’s appeal on December 2, 2010 (hereinafter “the subject judgment on review”).

C. As to this, the Plaintiff appealed by Supreme Court Decision 2011Da5691, but on May 13, 201, the judgment subject to a retrial became final and conclusive as it was dismissed due to the dismissal of the final appeal by psychological failure.

2. The plaintiff's summary of the plaintiff's assertion is that there is a ground for a retrial under Article 451 (2) of the Civil Procedure Act because it constitutes "when a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive for an act subject to punishment". The plaintiff argues that a ground for a retrial under Article 45

3. According to Article 451 (2) of the Civil Procedure Act, in the case of grounds for retrial under Article 451 (1) 4 through 7 of the same Act, a suit for retrial may be filed only when a judgment of conviction or a judgment of imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence, or a final judgment of conviction or a judgment of imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence.

(see, i.e., Supreme Court Decision 2016Jada1678, Feb. 3, 2017). We examine the following: (a) The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the requirements under Article 451(2) of the Civil Procedure Act were satisfied with respect to the grounds for retrial under the said subparagraphs; and (b) the judgments presented by the Plaintiff are each of

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