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(영문) 광주고등법원(제주) 2015.04.29 2014재나62
소유권등기원상회복
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:

The Plaintiff filed a lawsuit against the Defendants on February 9, 201 by Jeju District Court 201Gahap2063, and was sentenced to the judgment of the first instance court against the Plaintiff on February 9, 2012. The Plaintiff appealed against the said judgment and filed an appeal under this Court ( Jeju) 2012Na428. On December 26, 2012, this Court rendered a judgment dismissing the Plaintiff’s appeal and dismissing the Plaintiff’s claim extended in the appellate court.

In response to the above appellate judgment, the Plaintiff filed an appeal by Supreme Court Decision 2013Da14248, but the Supreme Court rendered a judgment dismissing the Plaintiff’s appeal on May 9, 2013, and the above appellate judgment became final and conclusive at that time.

B. The Plaintiff filed a lawsuit for retrial on January 20, 2014 by this Court ( Jeju) No. 2014Na17, but this Court dismissed the lawsuit for retrial on June 11, 2014. Although the Plaintiff filed an appeal, the said judgment became final and conclusive as it is by a judgment of the Supreme Court on September 24, 2014.

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

A. The gist of the Plaintiff’s assertion is that, as a ground for retrial, the Plaintiff’s ground for retrial, “the Defendant and the public official in charge, etc. have completed unlawful registration by forging the relevant land cadastre and can be recognized based on the relevant evidence, each of the instant judgment subject to retrial ought to be revoked.” It appears to constitute grounds for retrial under Article 451(1)6 of the Civil Procedure

B. According to Article 451(1)6 of the Civil Procedure Act, “when a document used as evidence for a judgment has been forged,” a cause for retrial is deemed one of the grounds for retrial. However, pursuant to Article 451(2) of the same Act, a lawsuit for retrial may be instituted only where “when a judgment of a crime of oil is finalized or a final judgment of conviction cannot be rendered on grounds

l.p. g., p.

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