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(영문) 수원지방법원 2013.08.22 2012재나25
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. Following the conclusion of the judgment subject to a retrial, the following facts are apparent in records or obvious to this court.

On March 13, 2009, the first instance court rendered a judgment citing the Plaintiff’s claim against the Defendants regarding the case of ownership transfer registration in 2007da109943, for which the Plaintiff sought the implementation of the ownership transfer registration procedure as to each real estate listed in the separate sheet.

Therefore, the Defendants appealed on January 7, 2010, but before the reexamination, this Court rendered a judgment subject to a retrial, which dismissed the Defendants’ appeal, and again appealed by the Supreme Court Decision 2010Da9030, but on April 29, 2010, the said judgment subject to a retrial became final and conclusive on May 4, 2010.

B. After that, the Defendants filed a suit for review as to the instant judgment subject to review on May 28, 2010 by this Court 201Na151, but the suit was dismissed on October 6, 2010, and the final appeal was filed by Supreme Court 2010Da89777, but the final appeal was dismissed on January 13, 201. ② Although the instant judgment subject to review was filed on February 7, 2011 by this Court 201Na35, the said suit was dismissed on August 19, 201, and the Defendants filed a suit for review as to the instant judgment subject to review by the Supreme Court 201Da8083, which was rejected on December 22, 2011, and the final appeal was dismissed on April 16, 2017 by the Supreme Court 201Da314175, Apr. 21, 2017.

2. The defendants' assertion on the grounds for retrial

(a) the Civil Procedure Act.

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