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(영문) 광주지방법원 2017.08.31 2016재나84
자가용전기설비 및 지상물철거 등
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:

The Plaintiff filed a lawsuit against the Defendant to remove transmission lines over each land of this case as the Gwangju District Court 2014Kadan21162.

However, on August 28, 2015, the above court rendered a judgment dismissing the Plaintiff’s claim.

B. The Plaintiff appealed to the foregoing judgment as the Gwangju District Court 2015Na9277, and added a claim for restitution of unjust enrichment on the ground that the Defendant, without any legal cause, established a power transmission line on each of the instant land and occupied each of the instant land.

However, on April 22, 2016, the above court sentenced the plaintiff's appeal and the judgment dismissing all the claims added by the above court. On May 3, 2016, the plaintiff was served with the original copy of the judgment, and the above judgment became final and conclusive on May 18, 2016.

(hereinafter “The Judgment on Review”). 2. Whether there is a ground for a retrial in the judgment subject to review

A. Article 451(1)7 of the Civil Procedure Act provides for the grounds for retrial as follows: (a) the grounds for retrial for a retrial under Article 451(1)7 of the Civil Procedure Act provides that “when the false statement by a witness, expert witness, interpreter, or the false statement by a party or legal representative by the party’s newspaper becomes evidence of the judgment,” and Article 451(1)7 of the Civil Procedure Act provides that “Any grounds for retrial may exist in a judgment subject to retrial as evidence of the judgment.”

In addition, Article 451(2) of the Civil Procedure Act provides, “A lawsuit for retrial may be filed only when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive or a final judgment of a final and conclusive judgment of conviction or a fine for negligence cannot be made for reasons other than lack of evidence in the case of paragraph (1) 4 through 7.

Therefore, the grounds for retrial under Article 451(1)7 of the Civil Procedure Act are asserted.

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