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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
1. According to the records, the following facts are recognized.
A. The Plaintiff filed a lawsuit against the Defendant for the registration of ownership transfer under the 2008 Daegu District Court’s Branch Branch of the first instance court of the instant case subject to review as the 2731, which was the first instance court, and the court of the first instance rendered a judgment dismissing the Plaintiff’s claim on April 15, 2009.
B. As to this, the Plaintiff appealed as Daegu District Court 2009Na7432, and the above court rendered a judgment dismissing the Plaintiff’s appeal on December 8, 2009.
(2) On April 15, 2010, the Supreme Court dismissed the Plaintiff’s appeal on April 15, 2010, and became final and conclusive on the same day.
2. Determination on the legitimacy of the litigation for retrial of this case
A. (1) The plaintiff's argument that a request for retrial under Article 451 (1) 5 and 6 of the Civil Procedure Act was not submitted even after being ordered to submit documents in the procedure for the judgment subject to retrial. This constitutes "when interfering with the submission of methods of offence and defense that affect the judgment".
In addition, documents (Evidence No. 2, 2, 3, and 6-2, 3, 1, 2-2, 5, and 9 of Evidence No. 2, 2, 3, and 6-2, 2-1, 2-2, 5, and 9 of the judgment subject to review) as evidence of the judgment subject to review are forged or altered.
Therefore, there are grounds for retrial under Article 451(1)5 and 6 of the Civil Procedure Act in the judgment subject to a retrial.
(2) As to the existence of grounds for retrial under Article 451(1)5 and 6 of the Civil Procedure Act, a suit for retrial based on the grounds for retrial under each of the above subparagraphs may be filed only when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive or a final and conclusive judgment of a judgment of conviction or a fine for negligence cannot be rendered for reasons other than lack of evidence (Article 451(2)). Therefore, the above requirements are not satisfied.