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(영문) 의정부지방법원 2014.08.29 2013나16764
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The litigation of this case shall be dismissed.

3. The total cost of the lawsuit.

Reasons

1. On August 5, 2010, the Plaintiff filed a lawsuit against the Defendant, etc. for the registration, etc. of cancellation of ownership on the grounds that the judgment subject to a retrial was rendered. On July 21, 2011, the first instance court rendered a judgment dismissing the Plaintiff’s claim on July 21, 2011, and even though the Plaintiff filed an appeal on the grounds that the district government district court 201Na13969, the said court dismissed the Plaintiff’s appeal on December 29, 2011 (hereinafter referred to as “the judgment subject to a retrial”). Although the lower court stated in the president of the retrial as the judgment subject to a retrial the Supreme Court 2010Na30754, the lower court stated that the Plaintiff did not institute a lawsuit for a retrial on the first instance judgment, the lower court’s judgment was clearly determined to have been subject to a final and conclusive judgment by the lower court’s en banc Decision 2013Da138141, Dec. 29, 20198).

2. Violation of jurisdiction over a judgment of the court of first instance shall be subject to the exclusive jurisdiction of the court which rendered a judgment that made a retrial (Article 453(1) of the Civil Procedure Act); when an appellate court rendered a judgment on the merits of a case, it shall not institute a lawsuit on the judgment of the court of first instance (Article 451(3) of the Civil Procedure Act); where a lawsuit for retrial was instituted in a court of first instance, other than the appellate court which is the competent

In addition, it should be transferred to the appellate court, which is the competent court for retrial, but the court of first instance shall not transfer the merits to the appellate court, and shall render a judgment of dismissing the litigation for retrial after hearing the merits without transferring them to the appellate court.

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