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(영문) 대법원 2019.10.18 2019다760
소유권이전등기
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant (defendant).

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, on the grounds indicated in its reasoning, the lower court determined that the criminal review judgment that acquitted AG and S was final and conclusive on November 1, 2014 and February 25, 2016, and that the Plaintiffs became aware of such criminal review judgment around July 10, 2018, and thus, the instant lawsuit for retrial filed on July 20, 2018 was lawful as it complied with the exclusion period of five years under Article 456(3) and (4) of the Civil Procedure Act as well as the discharge period of 30 days under Article 456(1) of the same Act.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the period of filing a retrial and the individual nature of grounds for retrial,

2. On the ground of appeal No. 2, the lower court, on the grounds indicated in its reasoning, determined that there exist grounds for retrial under Article 451(1)8 of the Civil Procedure Act in the instant judgment subject to a retrial, insofar as a criminal retrial judgment that acquitted him/her was final and conclusive, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the grounds for retrial, contrary to what is alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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