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(영문) 광주지방법원 2019.12.13 2018재나187
소유권이전등기말소 등
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Basic facts

A. On March 30, 2016, the Plaintiff filed the instant lawsuit against the Defendants with the Gwangju District Court 2016Kadan11207, and the first instance court rendered a judgment dismissing the Plaintiff’s claim on April 12, 2017.

B. On February 9, 2018, the Plaintiff appealed with the judgment of the first instance as the Gwangju District Court No. 2017Na3099, but the said court rendered a judgment that dismissed the Plaintiff’s appeal (which is the subject judgment of review).

C. The Plaintiff appealed to the judgment subject to a retrial and appealed by Supreme Court Decision 2018Da22831, but the Supreme Court rendered a judgment dismissing the Plaintiff’s appeal on June 15, 2018.

On July 18, 2018, the Plaintiff filed a lawsuit for retrial with Supreme Court Decision 2018Da23733 Decided July 18, 2018, but the Supreme Court rendered a judgment dismissing the lawsuit for retrial on October 25, 2018, and the said judgment was served on the Plaintiff on October 27, 2018.

E. On December 27, 2018, the Plaintiff filed a lawsuit for reexamination of the instant case.

[Reasons for Recognition] The substantial fact in this Court

2. The plaintiff's assertion

A. The first instance judgment was rendered by a judge who did not participate in the pleading.

(Article 451(1)1 of the Civil Procedure Act).

A cadastral map, registry, land cadastre, etc. as evidence of the judgment was forged.

(paragraph 6 of the same paragraph). (c)

Judgment of the original judgment was wrong with regard to important matters affecting the judgment.

(No. 9). 3. Action for a retrial shall be brought within 30 days from the date the party becomes aware of the grounds for retrial after the judgment becomes final and conclusive.

(1) According to Article 456(1) of the Civil Procedure Act, the grounds for retrial asserted by the Plaintiff in the instant case can be acknowledged as identical to the grounds for retrial asserted by the Plaintiff in the Supreme Court case No. 2018Redada23733, supra. As such, the Plaintiff, who filed a lawsuit for retrial by Supreme Court Decision 2018Reda23733, was aware of the grounds for retrial around July 18, 2018.

However, there is a problem.

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