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(영문) 수원지방법원 2010.11.09 2010재나137
상속지분이전등기무효
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. On October 30, 2003, the Plaintiff filed a lawsuit against the Defendants seeking implementation of the procedure for registration of cancellation of each share transfer, which was completed in the name of the Defendants as Suwon District Court 2003da7071, and the above court rendered a judgment of the first instance on July 7, 2004 with the purport that the Plaintiff’s claim is dismissed.

As to this, the Plaintiff appealed by Suwon District Court No. 2004Na13462, but the above appellate court rendered a judgment dismissing the Plaintiff’s appeal on March 31, 2005 (hereinafter “instant judgment subject to a retrial”). The instant judgment subject to a retrial was finalized on August 1, 2005 through the final appeal (Supreme Court Decision 2005Da22190).

2. Determination on the grounds for retrial

A. The Plaintiff’s assertion 1) Each statement submitted as evidence in the judgment subject to a retrial (No. 3, No. 9 through 12-1, No. 10-1, No. 11-1, No. 12-1, and No. 12-1, and No. 4 through No. 7, the Plaintiff asserted that each statement submitted as evidence in the judgment subject to a retrial (No. 3, No. 9 through No. 12-1, No. 10, No. 12-1, and No.

(b) the same section.

() Each additional statement (No. 13-2) and joint statement (No. 14) were forged or altered. The Defendants’ false statement was a evidence for the judgment. In the instant judgment subject to a retrial, there are grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act. In addition, even though there are many different contents in the Defendants’ reply, the Plaintiff’s claim is dismissed due to the lack of sufficient deliberation. As such, the instant judgment subject to a retrial has grounds for retrial under Article 451(1)9 of the Civil Procedure Act.

B. One copy of the board, one copy of “when documents or other articles used as evidence of the judgment have been forged or altered” under Article 451(1)6 of the Civil Procedure Act and “when documents or other articles used as evidence of the judgment have been forged or altered” under Article 451(1)7 of the same Act, or a false statement by a party or legal representative by examination of the party concerned.

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