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(영문) 창원지방법원 2019.01.24 2017재나102
배당이의
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, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

On December 31, 2015, the Plaintiff filed a lawsuit of demurrer against the Defendant as the Jinwon District Court Branch 2015Kadan12716, and the said court rendered a judgment dismissing the Plaintiff’s claim on May 20, 2016.

On August 17, 2017, the appellate court declared that the Plaintiff’s appeal was dismissed on August 17, 2017, and appealed by the Changwon District Court 2016Na54111.

C. The Plaintiff appealed and appealed by Supreme Court Decision 2017Da258107, but on November 23, 2017, the judgment subject to a retrial became final and conclusive as the final appeal was dismissed due to the failure to hear.

2. Determination as to the existence of a ground for retrial

A. The Plaintiff’s assertion that ① the Defendant forged or altered a document for the purpose of receiving the delivery of a double-stage gift tax, ② the Defendant made a false statement without recognizing any error constitutes perjury. ③ A lawsuit seeking revocation of a capital gains tax imposition disposition, which is the basis of the judgment subject to a retrial, is pending, ④ even when the tax disposition by the head of Jinju Tax Office and the seizure of the Defendant are unreasonable, and ⑤ the judgment subject to a retrial violates the principle of no taxation without law under the Constitution, and thus, the judgment subject to a retrial violates Article 451(1)6 through 10 of the

B. A lawsuit for a retrial on a final and conclusive judgment that became final and conclusive under Article 451(1)6 and 7 of the Civil Procedure Act is permitted only when there exist grounds for retrial stipulated under each subparagraph of Article 451(1) of the Civil Procedure Act. Thus, a lawsuit for a retrial is unlawful, unless the grounds alleged by the Plaintiff for retrial do not fall under such grounds. 2) Article 451(1)6 of the Civil Procedure Act (when documents and other items as evidence of the judgment were forged or altered) and Article 451(1)7 of the Civil Procedure Act, or a false statement by a witness, appraiser, or interpreter

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