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(영문) 대법원 2020.03.27 2019재다12877
소유권이전등기말소등기
Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

Reasons

The grounds for request for retrial shall be examined.

The gist of the grounds for retrial lies in the purport that there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act, because it erred by omitting judgment in the judgment subject to retrial and adversely affecting

The argument on the grounds of appeal as to the grounds of appeal is deemed to constitute a ground for a retrial under Article 451(1)9 of the Civil Procedure Act, and thus, it cannot be said that there is no omission of determination as to the grounds of appeal in the judgment subject to a retrial, which dismissed the final appeal without further deliberation, and thus,

(2) In light of the aforementioned legal principles, the lower court determined that the Plaintiff’s petition for retrial was dismissed, and that the Plaintiff’s petition for retrial was dismissed. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench.

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