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(영문) 서울중앙지방법원 2017.08.11 2017재나46
손실보상금
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, and.

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 against the Seoul Central District Court No. 2014Kadan113218, and the said court rendered a judgment dismissing the Plaintiff’s claim on August 22, 2014.

The plaintiff appealed against the above judgment and appealed as Seoul Central District Court 2014Na49851, and on September 23, 2015, the above court rendered a ruling dismissing the plaintiff's appeal (the ruling of review).

The Plaintiff appealed to the judgment subject to a retrial and appealed by Supreme Court Decision 2015Da65714, but the judgment dismissing the final appeal on January 28, 2016 became final and conclusive on February 4, 2016.

2. On December 1, 2014, the Plaintiff filed a written reply with Suwon District Court Decision 2014Na49851, which was submitted by C in Suwon District Court Decision 2014Da16680, which was the case subject to review, on February 3, 2015, the Plaintiff submitted three pages of the written reply with the Seoul Central District Court Decision 2014Na49851, which was the case subject to review, and submitted three copies of the written reply with the documents attached to the written reply as of March 17, 2015, which was the documents attached to the written reply as of March 17, 2015, and also submitted the written reply with the documents attached to the written reply as of December 7, 2015, which was the Supreme Court Decision 2015Da65714, which was the final appeal, as of December 7, 2015. Based on the foregoing, the Plaintiff filed a lawsuit against the Plaintiff claiming for the use fee and the removal of the building.

However, the foregoing reply by C is false since its content “A obtained consent to the sale of a building from the deceased D,” and thus, the judgment subject to a retrial based on such C’s response is null and void. This constitutes a case where a judgment was omitted on important matters that may affect the judgment, and thus, there exists a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject

Article 451 of the Civil Procedure Act applies to the judgment subject to a retrial.

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