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(영문) 서울북부지방법원 2019.03.26 2018재나622
소유권말소등기
Text

1. Among the lawsuits for retrial of this case, the part concerning the grounds for retrial under Article 451(1)5 of the Civil Procedure Act is relevant.

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 Defendants claiming the cancellation of ownership transfer registration by Seoul Northern District Court 2016Da34868, and the court of first instance rendered a judgment dismissing the Plaintiff’s claim on May 30, 2017.

B. The Plaintiff appealed against the judgment of the first instance court as Seoul Northern District Court 2017Na34309. On December 8, 2017, the said court sentenced the instant judgment subject to a retrial that dismissed the Plaintiff’s appeal. The Plaintiff appealed as Supreme Court Decision 2018Da201269, but the final appeal was dismissed on April 12, 2018, and the judgment subject to a retrial became final and conclusive on April 16, 2018.

C. On April 17, 2018, the Plaintiff asserted against the Defendants that there exist grounds for retrial under Article 451(1)5, 6, and 8 of the Civil Procedure Act in the judgment subject to retrial under the Seoul Northern District Court Decision 2018Na608, and filed a lawsuit seeking the revocation of the judgment subject to retrial. The said court rendered a judgment dismissing the lawsuit on July 25, 2018, and the said judgment became final and conclusive on August 10, 2018.

2. The plaintiff's assertion

A. Since there was no authority granted by the Defendants to practically conduct procedural acts, which is the Defendants’ attorney, there is a ground for retrial under Article 451(1)3 of the Civil Procedure Act.

B. The Plaintiff succeeded to the network D’s joint and several liability, and theO is the principal debtor of the foregoing debt, and theO is presumed to have concealed the current property, and the Plaintiff avoided liability such as evading the aforementioned P from the detention of his or her own P in order to avoid all responsibility. Thus, there is a ground for retrial under Article 451(1)5 of the Civil Procedure Act.

3. Determination

A. A. The authority of legal representation, powers of attorney, or authority necessary for an agent to conduct procedural acts, which are grounds for retrial under Article 451(1)3 of the Civil Procedure Act, which determine the grounds for retrial under Article 451(1)3 of the Civil Procedure Act.

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