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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, and.
Reasons
1. The facts under the underlying facts are remarkable in this Court.
The Plaintiff filed a lawsuit against the Defendants on the change of the name of the owner and the confirmation of ownership by the Cheongju District Court 2013Kadan16716, and this court rendered a judgment dismissing the Plaintiff’s lawsuit on October 31, 2014.
The original judgment reached November 19, 2014 to the Plaintiff.
On December 2, 2014, the period for filing an appeal against the above judgment, the Plaintiff filed a lawsuit for review of the above judgment in this Court.
2. According to Article 456(1) of the Civil Procedure Act, a lawsuit for retrial shall be instituted within 30 days from the date the parties to the lawsuit for retrial became final and conclusive and the grounds for retrial become known. As seen earlier, the fact that the Plaintiff filed a lawsuit for retrial before the determination of the judgment subject to retrial becomes final and conclusive is that the lawsuit for retrial in this case
(2) If the Plaintiff did not file an appeal within the period of appeal, it cannot be deemed that the judgment subject to a retrial became final and conclusive as a result of the lapse of the period of appeal in the event of filing an appeal for retrial. This constitutes a time when the defects cannot be corrected, and thus, it is so decided as per Disposition by the assent of all participating Justices, without holding any pleadings in accordance with Articles 455 and 219 of the Civil Procedure Act.