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(영문) 수원지방법원 2015.09.17 2015재나40
원인무효 소유원이전등기말소
Text

1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

Reasons

1. The following facts of recognition are either a dispute between the parties or substantial in this Court:

1) On October 30, 2003, the Plaintiff filed a lawsuit against the Defendants on October 30, 2003 against Suwon District Court 2003da7071 seeking implementation of the procedure for registration of cancellation of each share transfer, which was completed in the name of the Defendants. On July 7, 2004, the above court rendered a judgment dismissing the Plaintiff’s claim on July 7, 2004. (2) The Plaintiff appealed with Suwon District Court 2004Na13462, but on March 31, 2005, the appellate court was dismissed (hereinafter “instant judgment subject to review”). The instant judgment subject to review became final and conclusive on August 1, 2005 through the final appeal (Supreme Court Decision 2005Da22190).

B. On September 1, 2005, the Plaintiff asserted that Article 451(1)6 of the Civil Procedure Act was a ground for retrial when filing a lawsuit for retrial as the Suwon District Court 2005Jadan71 on September 1, 2005. However, on May 30, 2006, the Plaintiff was sentenced to a ruling of rejection of a lawsuit for retrial on May 30, 2006. However, the appellate court (U.S. District Court 2006Na14971) revoked the judgment of the first instance on January 24, 207 on the ground that the first instance court violated exclusive jurisdiction, but the judgment dismissed the Plaintiff’s lawsuit for retrial, and that judgment became final and conclusive as is. 2) On May 27, 2010, the Plaintiff filed a lawsuit for retrial as to the instant judgment subject to retrial as the Suwon District Court 2010Na1377, and received the final and conclusive judgment on May 19, 2010.

3) On August 16, 2011, the Plaintiff asserted Article 451(1)6 and 7 as grounds for retrial when filing a suit for a retrial as to the instant judgment subject to retrial with the Suwon District Court Decision 201Na196, but was sentenced to a ruling dismissing a suit for retrial on July 24, 2012, and the judgment became final and conclusive after it became final and conclusive. 4) The Plaintiff was subject to the instant judgment subject to retrial on October 18, 2013.

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