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1. Of the instant petition for retrial, the part that asserts the grounds for retrial under Article 451(1)9 of the Civil Procedure Act.
Reasons
1. The following facts, which became final and conclusive in the judgment subject to a retrial, do not conflict between the parties, or are significant in this court.
In Busan District Court Decision 2013Guhap1783, which the plaintiff filed against the defendant, the above court rendered a judgment of the first instance on November 28, 2013 that dismissed the plaintiff's claim. After receiving the plaintiff's judgment, the appellate court appealed on June 11, 2014 that the plaintiff dismissed the plaintiff's appeal, but the appellate court rendered a judgment subject to a retrial (Seoul High Court Decision 2014Nu20063) with the purport that the plaintiff dismissed the plaintiff's appeal on June 11, 2014. While the plaintiff filed a second appeal after receiving the judgment, the Supreme Court rendered a judgment of rejection of hearing on October 15, 2014, which is the cause of the final appeal, and the plaintiff was served the above judgment
B. In the appellate trial and the final appeal of the first instance judgment, the Plaintiff asserted that the pertinent real estate was not the actual owner, but the pertinent foundation is the nominal owner and the actual owner of the pertinent real estate in the name of the pertinent foundation. However, the appellate court and the final appeal court rejected the Plaintiff’s assertion.
2. The plaintiff's assertion
A. After the existence of a cause for retrial under Article 451(1)8 of the Civil Procedure Act becomes final and conclusive, the Plaintiff filed a lawsuit seeking a registration of ownership transfer against the Foundation on the ground of termination of title trust (Seoul District Court Decision 2015No. 20168). Since a compulsory adjustment decision on May 26, 2016 confirming that the pertinent real estate was owned by the Defendant was final and conclusive, there exists a cause for retrial under Article 451(1)8 of the Civil Procedure Act, stating that “when a judgment for retrial was changed by a civil or criminal judgment, or any other judgment or administrative disposition, which served as the basis of the judgment, was changed by another judgment or administrative disposition.”
B. There is a ground for a retrial under Article 451(1)9 of the Civil Procedure Act.