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(영문) 부산지방법원 2020.02.14 2019재나79
건물인도
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. According to the records of this case, the following facts are recognized.

A. The Plaintiff asserted that the lease contract for the leased object of this case concluded with the Defendant was terminated as the rent in arrears, and filed a lawsuit with the Defendant seeking the payment of the rent in arrears and the delivery of the leased object of this case.

On April 21, 2016, the first instance court (Seoul District Court Branch 2015Kadan2371) rendered a judgment in favor of the Plaintiff that “the Defendant delivered the leased object of this case, and paid the amount calculated by the rate of KRW 1,870,000 per month from December 21, 2011 to the date the delivery of the building is completed.”

B. The Defendant appealed against this, but the appellate court (Seoul District Court 2016Na43626) rendered a judgment dismissing the Defendant’s appeal on September 19, 2018.

(hereinafter referred to as the "case subject to review") c.

Although the Defendant appealed against the judgment subject to a retrial, the judgment subject to a retrial became final and conclusive as the court of final appeal (Supreme Court Decision 2018Da284417) rendered a judgment dismissing the Defendant’s final appeal on February 18, 2019.

2. The defendant's assertion that, since the plaintiff submitted a forged or altered lease contract as evidence, the plaintiff's husband C has a perjury, the plaintiff's husband C has a ground for retrial under Article 451 (1) 6 and 7 of the Civil Procedure Act.

3. Article 451(1)6 of the Civil Procedure Act provides that the time when documents or other articles used as evidence for the judgment have been forged or altered, the time when false statements by a witness, appraiser or interpreter or false statements by a party or legal representative have become evidence for the judgment is prescribed as grounds for retrial.

However, according to Article 451 (2) of the Civil Procedure Act, in the case of Article 451 (1) 4 through 7, a judgment of conviction or a judgment of fine for negligence has become final and conclusive or a judgment of conviction has become final and conclusive for reasons other than lack of evidence.

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