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(영문) 창원지방법원 2017.10.17 2017재나27
소유권이전등기
Text

1. Rejection of the litigation for retrial of this case

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts can be acknowledged according to the final records of the judgment subject to a retrial.

On July 24, 2009, the Plaintiff filed a lawsuit against the Defendants for the cancellation of the registration of each transfer of ownership, and against the C Association and E Association, seeking the cancellation of the registration of each transfer of ownership, and the said court dismissed the Plaintiff’s claim on July 24, 2009.

B. The Plaintiff appealed against the Defendants and E Cooperatives in 2009Na10731, and the said court rendered a judgment of citing the Plaintiff’s appeal on January 13, 2011.

C. Accordingly, the Defendants filed an appeal with the Supreme Court Decision 201Da14916 Decided July 14, 201, and the Supreme Court reversed the above judgment citing the appeal on July 14, 201, and this Court rendered a ruling dismissing the Plaintiff’s appeal on October 10, 2012 (hereinafter “Review Decision”) and the Plaintiff appealed against the judgment subject to review, but the Supreme Court rendered a judgment dismissing the appeal on February 14, 2013 (Da108313), and the said judgment of dismissing the judgment subject to review became final and conclusive by reaching the Plaintiff on February 18, 2013.

On February 3, 2015, the lower court rendered a judgment dismissing a suit for retrial on the ground that there was no ground for retrial under Article 451(1)5 and 7 of the Civil Procedure Act in the judgment subject to retrial, and that there was a ground for retrial under Article 451(1)5 and 7 of the said Act. The said judgment became final and conclusive around that time.

2. Determination on the legitimacy of the litigation for retrial of this case

A. Among the grounds for a retrial under Article 451(1) of the Civil Procedure Act, the Plaintiff’s assertion that the judgment subject to a retrial was obstructed in submitting the means of attack and defense that may affect the judgment due to confined life, voluntary auction by home, hospitalization, and mental and medical treatment. As such, the grounds for a retrial under subparagraph 5, ② the Defendants forged or altered.

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