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1. The plaintiff (the plaintiff)'s action for retrial of this case shall be dismissed.
2. The costs of the retrial are assessed against the plaintiff.
Reasons
1. Fictitious facts;
A. On January 2, 2006, the Plaintiff asserted that it is an inheritance holder with respect to each real estate listed in the separate sheet, and filed a lawsuit with the Seoul Central District Court against the Defendants for the implementation of the procedure for registration of ownership transfer and the cancellation of ownership transfer registration. On December 14, 2006, the above court rendered a judgment of the court of first instance that all dismissed the Plaintiff’s claims.
B. The Plaintiff appealed against the judgment of the first instance court, but the Seoul High Court declared that all of the Plaintiff’s appeals were dismissed on November 16, 2007.
C. The Plaintiff appealed against the judgment subject to a retrial, but the Supreme Court rendered a judgment dismissing the Plaintiff’s final appeal on March 27, 2008 (Supreme Court Decision 2008Da6588). The judgment subject to a retrial became final and conclusive on April 2, 2008.
2. The plaintiff's assertion on the grounds for retrial
A. On October 25, 1972, with respect to the remaining real estate listed in the separate sheet No. 1 in its name by forging documents related to the registration of each real estate listed in the separate sheet, and completing the registration procedure for transfer of ownership on September 14, 1972. Thus, in the judgment subject to a retrial, Article 451 (1) 6 of the Civil Procedure Act (Grounds for Retrial) of the Civil Procedure Act (Article 451 (1) 6) (1) of the judgment subject to a retrial may file a lawsuit for a final judgment
Provided, That this shall not apply in case where the parties have asserted the grounds by an appeal or have known them to the public.
6. There are grounds for retrial when documents or any other articles used as evidence for the judgment have been forged or altered.
B. However, since R died on December 26, 1990 and the Plaintiff was unable to obtain a final judgment of conviction against R, Article 451(2) of the Civil Procedure Act (Grounds for Retrial) provides that in the case of Article 451(1)4 through 7 of the Civil Procedure Act, when a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive or for reasons other than lack of evidence.