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(영문) 광주고등법원 (제주) 2018.05.30 2017재나32
토지원상회복 등
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. 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:

On February 2, 2012, the Plaintiff filed a lawsuit against the Defendant and Jeju District Court No. 201Gahap2544 against the Defendant and Jeju District Court, and was sentenced to a judgment of the first instance court against the Plaintiff on February 2, 2012. The Plaintiff dissatisfied with the above judgment and filed an appeal under this Court ( Jeju)201Na442. On August 22, 2012, the court rendered a judgment dismissing the Plaintiff’s appeal (hereinafter “former judgment”).

Although the Plaintiff filed an appeal by Supreme Court Decision 2012Da201892, on November 29, 2012, the judgment of dismissal of the Supreme Court was rendered on November 29, 2012, which became final and conclusive before the retrial.

B. On November 14, 2014, the Plaintiff filed a lawsuit for a retrial against the judgment prior to the retrial under this Court ( Jeju) No. 2014Na79, but this Court rendered a judgment dismissing the lawsuit for retrial on April 29, 2015, and the said judgment became final and conclusive on May 19, 2015 due to the Plaintiff’s failure to file an appeal against the said judgment.

C. In other words, on May 29, 2015, the Plaintiff filed a lawsuit for retrial against the judgment of this Court ( Jeju) No. 2015Na38, supra) 2014Na79, but this court rendered a judgment dismissing the lawsuit for retrial on March 23, 2016, and the said judgment became final and conclusive on April 9, 2016 due to the Plaintiff’s failure to file an appeal against the said judgment.

In other words, on December 13, 2016, the Plaintiff filed a lawsuit for retrial against the instant judgment ( Jeju) No. 2014Rena79 and ( Jeju) No. 2015 re-adjudication38, which became final and conclusive on April 15, 2017, but this court rendered a judgment dismissing the lawsuit for retrial (hereinafter “instant judgment subject to retrial”) on March 29, 2017, and the said judgment became final and conclusive on April 15, 2017 due to the Plaintiff’s failure to file an appeal against the said judgment.

2. Determination as to the existence of a ground for retrial

A. The plaintiff's assertion is a land cadastre or a copy of the register by public officials belonging to the defendant.

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