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(영문) 제주지방법원 2014.12.17 2014재나53
소유권이전등기
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

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 Defendant for the claim of paragraphs 1-A, 2-A, and 3 as the Jeju District Court Decision 2011Kadan22145, and the said court dismissed the Plaintiff’s claim on June 5, 2012.

B. The Plaintiff, who is dissatisfied with the above judgment of the first instance court, filed an appeal with the Jeju District Court No. 2012Na1221, added selective claims under Articles 1-b and 2-b as stated in the purport of the claim, but the said court dismissed all the Plaintiff’s appeal and selective claims.

C. Accordingly, the Plaintiff dissatisfied with the above appellate judgment and filed an appeal with the Supreme Court Decision 2013Da33126, and the Supreme Court accepted the Plaintiff’s appeal on September 12, 2013 and reversed the judgment of the appeal and remanded the case to the Jeju District Court.

On May 8, 2014, the Jeju District Court (2013Na2290) reversed the part of the judgment against the Plaintiff, which ordered the following implementation, and the Defendant received KRW 104,705,540 from the Plaintiff, and issued the instant judgment subject to a retrial, which dismissed all the selective claims added to the Plaintiff’s remaining appeal and the judgment prior to remand, and the original copy of the judgment subject to a retrial was served on the Defendant on May 13, 2014.

E. Accordingly, both the Plaintiff and the Defendant appealed to the judgment subject to a retrial and filed a final appeal with the Supreme Court Decision 2014Da37361, but the Supreme Court rendered a judgment dismissing the judgment subject to a retrial on August 26, 2014, and the original copy of the judgment was served on the Plaintiff on September 1, 2014, and on September 2, 2014, the judgment subject to a retrial became final and conclusive.

2. Determination on the legitimacy of the request for retrial

A. The defendant's summary of the argument is not the plaintiff's provision of each land and building listed in the separate sheet as collateral, but also the above.

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