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(영문) 청주지방법원 2017.12.20 2016재가합16
소유권이전등기
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. Determination of the original judgment

A. 1) The network A (hereinafter “the network”).

(2) On March 11, 2007, the judgment for a retrial became final and conclusive as the judgment for a retrial was rendered on December 7, 2006, when the deceased appealed as Daejeon High Court 2007Na185, but the above court rendered a judgment for a retrial on July 19, 207, on the ground that the deceased appealed as Daejeon High Court 2007Na185, and the judgment for a retrial became final and conclusive as the judgment for a retrial was rendered on October 11, 2007, even though the deceased appealed as Supreme Court 2007Da54962, on the ground that the judgment for a retrial became final and conclusive as the judgment for a retrial was rendered on October 11, 2007.

B. The Deceased died on November 2, 2009, and the Plaintiff, the inheritor of the Deceased, took over the instant lawsuit.

[Reasons for Recognition] The remarkable facts in this Court, Gap evidence Nos. 1, 3, 14 and the purport of the whole pleadings

2. Determination on the legitimacy of the litigation for retrial of this case

A. The summary of the Plaintiff’s assertion 1) Documents and receipts, which served as evidence of the judgment subject to a retrial, were forged or altered by the Defendant. As such, there exist grounds for retrial under Article 451(1)6 of the Civil Procedure Act (when documents and other items, which served as evidence of the judgment, were forged or altered) in the judgment subject to a retrial. 2) Since the false statement by K participating in a lawsuit on behalf of the Defendant was proven as evidence of the judgment subject to a retrial, there is grounds for retrial under Article 451(1)7 of the Civil Procedure Act (when the false statement by a witness interpreter or by a party’s testimony, or by a legal representative, becomes evidence of the judgment).

B. Article 451(1)6 of the Civil Procedure Act provides that “When a document or any other article used as evidence for a judgment has been forged or altered,” subparagraph 7 provides false statements by a witness, an appraiser, or an interpreter, or by a party or legal representative through an examination of the parties.”

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