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(영문) 대구지방법원 2017.11.09 2017재나76
근저당권무효말소
Text

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. Basic facts

A. 1) The Plaintiff’s real estate stated in the [Attachment 1] List No. 1 (hereinafter “real estate 1”) against the Defendants by Daegu District Court 2012Kadan50510, Daegu District Court 2012Kadan50510

(2) On January 7, 2014, the Daegu District Court rendered a judgment dismissing all the Plaintiff’s claims against the Defendants on April 7, 2014.

The Plaintiff appealed as Daegu District Court 2014Na2707, but the above court rendered a judgment dismissing all the Plaintiff’s appeal on September 25, 2014.

(hereinafter referred to as the "Decision on Review") The above judgment was finalized on October 16, 2014.

B. On October 17, 2014, the Plaintiff filed a lawsuit for the first retrial against the Defendants, seeking revocation of the said judgment by Daegu District Court 2014Na105, and the said court rendered a judgment dismissing the Plaintiff’s request for retrial on May 8, 2015.

(hereinafter “The first new judgment”). As to this, the Plaintiff appealed by Supreme Court Decision 2015Da35430, but on September 24, 2015, the final appeal was dismissed and the said judgment became final and conclusive as it became final and conclusive.

C. On October 14, 2015, the Plaintiff filed a lawsuit for the second retrial against the Defendants, the Daegu District Court 2015Na201, which sought revocation of the said judgment and the first new judgment. On June 2, 2016, the said court rendered a judgment dismissing the Plaintiff’s request for retrial.

As to this, the Plaintiff appealed by Supreme Court Decision 2016Da29593, but on October 13, 2016, the final appeal was dismissed, and the said judgment became final and conclusive.

[Ground for recognition] Unsatisfy, substantial facts in this court

2. In full view of the following circumstances, the judgment on retrial under Article 451(1)1 of the Civil Procedure Act (hereinafter “the judgment on retrial”) and Article 451(3)3 of the same Act.

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