Text
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
The following facts, which have become final and conclusive in the judgment subject to review, are apparent or apparent in records in this court:
The Plaintiff filed a lawsuit against the Defendant and Gunsan-si for demanding the performance of the procedure for the change of the name of the automobile registration on the ground that “The Defendant did not deliver the instant vehicle to the Plaintiff, and registered the instant vehicle in the name of the Plaintiff without the Plaintiff’s consent by using the registration certificate, tax invoice, etc. issued in the name of the Defendant, which was forged or falsely prepared,” against the Defendant and Gunsan-si, as the Gunsan-si Branch of the Jeonju District Court 2007da3037.”
On July 16, 2008, the above support rendered a judgment that "the part of the lawsuit in this case concerning the cancellation of the registration of the automobile in this case shall be dismissed, and the procedure for changing the name of the automobile in this case and the claim for payment of money shall be dismissed, respectively."
Therefore, the Plaintiff appealed by Jeonju District Court 2008Na6147, but the above court rendered a ruling dismissing the Plaintiff’s appeal on December 12, 2008 (hereinafter “the ruling on review”).
On January 1, 2009, the judgment subject to a retrial became final and conclusive on January 1, 2009, because the Plaintiff did not appeal.
2. The witness F of the first instance trial under Article 451(1)7 of the Civil Procedure Act testified to the effect that “The instant motor vehicle was delivered to D, the Plaintiff’s agent on March 9, 2005,” but this testimony is false.
Nevertheless, since the above testimony is admitted as evidence, there are grounds for retrial under Article 451(1)7 of the Civil Procedure Act in the judgment subject to a retrial.
The plaintiff does not explicitly assert Article 451(1)9 of the Civil Procedure Act, but this part of the claim is a ground for retrial.