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1. The lawsuit of this case shall be dismissed.
2. The costs of the lawsuit for retrial shall be borne by the Plaintiff (Plaintiff).
purport, purport, ..
Reasons
1. Determination of the original judgment
A. The Daegu District Court Decision 2014Na2707 Decided 1) filed a lawsuit against the Defendants against the Daegu District Court 2012Kadan50510 on the real estate stated in the separate sheet No. 1 as indicated in the separate sheet No. 2010, Apr. 28, 2008, demanding the implementation of the procedure for cancellation of registration of the establishment of a neighboring mortgage, which was completed by the Daegu District Court No. 10965 on Apr. 28, 2008. (2) The Daegu District Court rendered a judgment dismissing all the Plaintiff’s claims against the Defendants on Jan. 7, 2014, and the Plaintiff appealed with Daegu District Court 2014Na2707 on Sept. 25, 2014, the said judgment was finalized on Oct. 16, 2014 (hereinafter “the first new judgment”).
B. On October 17, 2014, the Plaintiff filed a petition for retrial against the Defendants for the revocation of the first review judgment with Daegu District Court 2014Na105 (hereinafter “the second review judgment”). On May 8, 2015, the said court rendered a ruling dismissing the Plaintiff’s petition for retrial (hereinafter “the second review judgment”) and the Plaintiff appealed with Supreme Court Decision 2015Da35430 on September 24, 2015, but the second review judgment became final and conclusive as it was by serving the said judgment on October 2, 2015.
[Ground for recognition] Facts without dispute, and facts that have been obvious to the court
2. Summary of grounds for retrial of the Plaintiff’s assertion
A. Article 451(1)5 of the Civil Procedure Act provides that “when a person has been led to confession, or obstructed in submitting means of offence or defense that may affect the judgment, due to any act committed by another person subject to criminal punishment,” as grounds for retrial, Article 451(1)5 of the same Act provides that “when a judgment of conviction or judgment of imposition of a fine for negligence has become final and conclusive, or when a judgment of conviction or judgment of imposition of a fine for negligence has become final and conclusive for any act subject to punishment under Article 451(1)4 through 7