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(영문) 광주고등법원(전주) 2011.07.07 2011재나19
건물명도 및 부당이득금반환
Text

1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

Reasons

1.The following facts of basic facts shall be apparent or obvious to this Court in the records:

In Gwangju High Court Decision 2007Na4450, the plaintiff filed against the defendant in Jeonju District Court Decision 2007Gahap7576 decided that the apartment of this case is owned by the plaintiff since the plaintiff resided in the apartment of this case after being sold in lots and paid management expenses and property taxes, etc.

In relation to this, while the plaintiff filed an appeal with the Gwangju High Court (former District Court) 2007Na4450, this Court rendered a decision to dismiss the plaintiff's appeal (including the expanded plaintiff's claim) on October 10, 2008 (hereinafter "the first review decision"). The plaintiff again filed an appeal with the Supreme Court Decision 2008Da77306 Decided December 24, 2008, but the appeal was dismissed on December 24, 2008, and the first review decision became final and conclusive as it is.

B. On December 30, 208, the Plaintiff filed a petition against the Defendant for a retrial seeking the revocation of the judgment on first retrial (hereinafter “the judgment on second retrial”) by filing a final appeal against the Gwangju High Court (Seoul High Court) 2008NaNa40 on December 30, 2008, and this court rendered a decision dismissing the Plaintiff’s petition for retrial on July 3, 2009 (hereinafter “the judgment on second retrial”), and the Plaintiff filed a petition for final appeal with Supreme Court Decision 2009Da54164 on October 29, 2009, but the final appeal was dismissed on October 29, 2009 and the judgment on November 2, 2009.

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