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(영문) 대법원 2019.10.18 2018다42217
소유권이전등기
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant (defendant).

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court determined that there exists a ground for retrial under Article 451(1)8 of the Civil Procedure Act in the instant judgment subject to a retrial, insofar as a criminal retrial judgment that acquitted AT and AF was final and conclusive, on the grounds that the conviction against AT and AF constituted a criminal judgment, which serves as the basis for

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on grounds for retrial or by incomplete deliberation,

2. As to the ground of appeal No. 2, the lower court seems to have erred in writing in the judgment of criminal re-determination that acquitted AT and AF on November 1, 2014.

Inasmuch as each of the instant Lawsuits filed on March 7, 2018 and April 12, 2018 was finalized on February 25, 2016, the lower court determined that it was lawful on the ground that the period for exclusion of five years under Article 456(3) and (4) of the Civil Procedure Act was complied with.

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the grounds for retrial or the period of retrial

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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