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(영문) 수원지방법원 2019.01.24 2018재나1051
소유권이전등기
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, or Plaintiff for retrial).

Reasons

1. The following facts are significant or obvious in records to this court:

As the principal lawsuit against the Defendant, etc., the Plaintiff filed a lawsuit for ownership transfer registration with Suwon District Court 2013Kadan18076, and the Defendant filed a lawsuit for ownership transfer registration with the Suwon District Court 2014Kadan532718 against the Plaintiff as a counterclaim.

On March 8, 2016, the above court rendered a judgment dismissing the defendant's counterclaim.

B. On August 31, 2017, the Defendant appealed as Suwon District Court 2016Na55537 (principal lawsuit), and 2016Na5544 (Counterclaim), and this Court rendered a judgment subject to a retrial that dismissed the Defendant’s appeal.

C. The Defendant appealed as Supreme Court Decision 2017Da26279 (principal lawsuit), 2017Da262786 (Counterclaim), but the appeal was dismissed on December 7, 2017, and the said judgment became final and conclusive around that time.

2. The assertion and judgment

A. Since the Defendant’s argument that a judgment subject to a retrial was rendered based on evidence, such as a certificate of personal seal impression, certificate, etc. of J that the Plaintiff forged, there exist grounds for retrial under Article 451(1)6 of the Civil Procedure

B. Article 451(1)6 of the Civil Procedure Act provides that “When a document or any other article used as evidence for a judgment has been forged or altered,” the grounds for retrial may be prescribed as follows. Article 451(2) of the Civil Procedure Act provides that “If a judgment of conviction or a judgment of imposition of a fine for negligence becomes final for an act subject to punishment in cases falling under subparagraphs 4 through 7 of paragraph (1), or if a final judgment of conviction or a final judgment of imposition of a fine for negligence cannot be rendered for reasons other than shortage of evidence, a

Therefore, in order to claim a ground for retrial under Article 451(1)6 of the Civil Procedure Act, the grounds for retrial should be asserted and proved together with the fulfillment of the requirements under Article 451(2) of the Civil Procedure Act, except for such grounds for retrial. The above grounds for retrial shall be asserted without satisfying the requirements.

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