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(영문) 대전지방법원 2020.12.22 2020재나45
소유권이전등기말소
Text

The litigation of this case shall be dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Determination of the original judgment

A. On January 29, 2013, the Plaintiff filed a lawsuit against the Defendant, etc. seeking confirmation that approximately KRW 130 square meters is owned by the Plaintiff, and on January 14, 2014, the said court rendered a judgment dismissing the Plaintiff’s primary and conjunctive claim on the following grounds: (a) the Daejeon District Court: (b) the procedure for registration of cancellation of ownership transfer, which was completed as of May 17, 1995 by the Daejeon District Court pursuant to Article 22329 with respect to the Daejeon Seo-gu F and G land; and (c) the Daejeon District Court rendered a judgment dismissing the Plaintiff’s primary and conjunctive claim on January 14, 2014.

B. As to this, the Plaintiff appealed to Daejeon District Court 2014Na100946, among the litigation proceedings, and added the Defendant to the claim for cancellation of the registration of the combination of lots of land and the claim for cancellation of the registration of the ownership transfer of M land in Daejeon-gu Daejeon-gu, Daejeon-gu, and changed the conjunctive claim in exchange for the conjunctive claim. On January 13, 2015, the court below dismissed the Defendant’s claim for cancellation of the combination of lots of land as of December 3, 2010 on the area of 24,925 square meters of land in Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-si, and dismissed all the remaining claims added at the appellate court prior to the appeal and the reexamination. Upon the conjunctive claim changed at the appellate court prior to the new trial, the Defendant completed the new trial with respect to the acquisition of the ownership of the land not exceeding 50,51,52,539,98,970 on the following grounds:

C. The Plaintiff and the Defendant appealed to each judgment subject to a retrial, and appealed to the Supreme Court Decision 2015Da204380, but the Supreme Court rendered a judgment dismissing the final appeal on May 14, 2015, the judgment subject to a retrial became final and conclusive as it is, following the Supreme Court’s ruling dismissing the final appeal.

On May 14, 2020, the Plaintiff filed a lawsuit for retrial on the part of the Defendant among the judgments subject to a retrial.

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