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(영문) 춘천지방법원강릉지원 2019.07.09 2018재나232
증서진부 확인
Text

1. The plaintiff's petition for retrial is dismissed.

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

Reasons

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.

On April 17, 2017, the Plaintiff (hereinafter “Plaintiff”) filed a lawsuit seeking confirmation of the authenticity of the deed against the Defendant (Defendant (Defendant for review; hereinafter “Defendant”) with the Chuncheon District Court’s 2017Kadan874, which verified that the attached list is not a document that has been duly formed.

B. On October 17, 2017, the first instance court rendered a judgment dismissing the Plaintiff’s lawsuit on the ground that “The attached list is merely a document stating the name, address, and contact information of several persons, including the Defendant, including the Defendant, and it does not directly prove the existence of certain legal relations from the content thereof, and thus, it cannot be the subject of a lawsuit seeking confirmation of the authenticity of the deed (hereinafter “the first instance judgment”).

C. On May 15, 2018, the appellate court rendered a judgment dismissing the Plaintiff’s appeal (hereinafter “the judgment on review”) against the judgment of the first instance, and appealed by this Court No. 2017Na1650, and the appellate court rendered a judgment dismissing the Plaintiff’s appeal.

As to the judgment subject to a retrial, the Plaintiff appealed by Supreme Court Decision 2018Da27614, stating that “The annexed annexed list is not prepared by the Defendant, but forged.” However, the final appeal was dismissed on August 30, 2018, and the judgment subject to a retrial became final and conclusive on September 3, 2018.

2. The assertion and judgment

A. The judgment subject to a retrial, even though the Defendant did not directly sign the Plaintiff’s assertion on the annexed annual list but instead, a specific person forged the Defendant’s signature and forged it, was neglected.

Therefore, there are grounds for retrial under Article 451(1)6 of the Civil Procedure Act (when documents and other articles used as evidence of a judgment were forged or altered), and Article 451(1)9 (when judgment on important matters affecting a judgment is omitted) in the judgment subject to retrial.

(b).

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