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(영문) 대전고등법원 2020.06.11 2019재나49
근저당권말소 등
Text

1. Among the lawsuits for retrial of this case, the part concerning the grounds for retrial under Article 451(1)5 through 7, and 9 of the Civil Procedure Act is respectively applicable.

Reasons

The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or remarkable in this court:

The Plaintiff filed a lawsuit against the Defendants and E as the Daejeon District Court Branch Decision 2010Gahap4427, which dismissed the Defendants’ primary claim against the Defendants on August 14, 2012, the part of the claim against the Defendants for cancellation of the establishment of a mortgage, the part of the claim against Defendant B and E for cancellation of the registration of the establishment of a mortgage, the part of the claim against Defendant B and Defendant E for cancellation of the registration of the voluntary decision on commencement of auction and for cancellation of the registration of provisional seizure, and the part of the claim for the return of the revised declaration and the return of the goods, respectively,

On January 21, 2014, the Plaintiff appealed as this Court 2012Na5962, but this Court dismissed all the claims and preliminary claims against Defendant B, except for the claim for cancellation of the registration of the establishment of a mortgage and the claim for cancellation of the registration of the decision of voluntary commencement of auction, among the primary claims against the Defendants, changed in the appellate court on January 21, 2014, and dismissed the appeal against Defendant B as to the claim for cancellation of the registration of the establishment of a mortgage and the claim for cancellation of the registration of the decision of voluntary commencement of auction (hereinafter referred to as

The Plaintiff, who is dissatisfied with the judgment subject to a retrial, appealed by Supreme Court Decision 2014Da24495, but the Supreme Court rendered a judgment dismissing the appeal on June 12, 2014, and the judgment subject to a retrial becomes final and conclusive on June 16, 2014.

On June 14, 2019, the Plaintiff filed a lawsuit for retrial on the part against the Defendants among the judgment subject to retrial.

The plaintiff's grounds for retrial exist in the judgment subject to retrial based on the facts against the rules of evidence, lack of reasons, and misapprehension of legal principles. ② The judgment subject to retrial falls under the judgment made by the defendants due to the destruction of evidence, destruction of maternity evidence, etc., and ③ the marks forged by H are admitted as evidence.

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