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(영문) 창원지방법원 2015.02.03 2014재나57
소유권이전등기
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 are apparent in records:

The Plaintiff filed a lawsuit against the Defendants by this Court No. 2008Gadan44392 against the Plaintiff, seeking the cancellation of each transfer of ownership registration, and against C Association and E Association, seeking the cancellation of each transfer of ownership registration, and the above court rendered a judgment dismissing the Plaintiff’s claim on July 24, 2009.

B. The Plaintiff appealed against the Defendants and E Cooperatives as the court 2009Na10731, and the said court rendered a judgment citing the Plaintiff’s appeal on January 13, 2011.

C. Accordingly, the Defendants filed an appeal with the Supreme Court Decision 201Da14916 Decided July 14, 201. The Supreme Court reversed the above judgment of acceptance of appeal on July 14, 201, and this Court rendered a ruling to dismiss the Plaintiff’s appeal on October 10, 2012 (No. 2011Na7967) and the Plaintiff appealed against the judgment subject to a retrial, but the Supreme Court rendered a ruling of dismissal of appeal (No. 2012Da108313) on February 14, 2013, and the said judgment of dismissal of appeal became final and conclusive by reaching the Plaintiff on February 18, 2013.

2. Determination on the lawfulness of the litigation for retrial of this case

A. The Plaintiff’s motion to admit evidence, which could affect the Plaintiff’s assertion in the judgment subject to a retrial, was obstructed, and the judgment subject to a retrial adopted false testimony and false statement by the Defendant as evidence.

Therefore, there are grounds for retrial under Article 451(1)5 and 7 of the Civil Procedure Act in the judgment for retrial that dismissed the Plaintiff’s claim for cancellation of ownership transfer registration against the Defendants.

B. Article 451(2) of the Civil Procedure Act provides that in the case of Article 451(1)5 and 7 of the same Act, a suit for retrial may be filed only when a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive or a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence.

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