1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

The Plaintiff filed a lawsuit against the Defendant seeking implementation of the procedure for ownership transfer registration on the instant land as a result of the completion of prescriptive acquisition by Seoul Central District Court Decision 2014Da188618, and the said court rendered a judgment dismissing the Plaintiff’s claim on October 13, 2015.

On April 7, 2016, the judgment dismissing the Plaintiff’s appeal on April 7, 2016 (hereinafter “the judgment dismissing the Plaintiff’s appeal on the ground that the evidence submitted by the Plaintiff alone is a general property subject to prescriptive acquisition, or it is difficult to deem that the pertinent land was occupied for 20 years due to the Plaintiff’s intent to own, and it is difficult to recognize that the land was occupied for 20 years,” and the said court filed a lawsuit for retrial as the judgment subject to a retrial (the first judgment) by stating the said judgment No. 2014Da188618 (the first judgment) in the petition of this case as the judgment subject to a retrial.

However, when the appellate court rendered a judgment on the merits of the case at the appellate court, it is not possible to institute a lawsuit on the judgment of the first instance (Article 451(3) of the Civil Procedure Act), and in this case, the court rendered a ruling that “the instant case shall be transferred to the civil appellate court of this court on February 28, 2017 on the ground that the instant lawsuit for retrial was subject to the said judgment of the Supreme Court Decision 2015Na60237, supra (Article 453 of the Civil Procedure Act).”

A. The Court rendered a ruling.

On July 29, 2016, the Plaintiff appealed to the judgment subject to a retrial and appealed by Supreme Court Decision 2016Da220563, but the judgment subject to a retrial became final and conclusive on July 29, 2016.

2. There are grounds for retrial under any of the subparagraphs of Article 451(1) of the Civil Procedure Act.