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(영문) 광주고등법원(제주) 2019.05.15 2018재나53
소유권이전등기
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 Plaintiff, as Jeju District Court 2017Gahap304, filed a lawsuit against the Defendants on February 1, 2018, and was sentenced to the judgment of the first instance court against the Plaintiff. The Plaintiff appealed against the said judgment and filed an appeal under this Court 2018Na31, and this court rendered a judgment for retrial to dismiss the Plaintiff’s appeal on May 30, 2018, and the Plaintiff filed an appeal under Supreme Court 2018Da28242 on September 13, 2018, but the Supreme Court dismissed the Plaintiff’s final appeal on September 13, 2018, and thus, became final and conclusive at that time by the Supreme Court’s dismissal of the Plaintiff’s final appeal on September 13, 2018.

2. Determination as to the existence of a ground for retrial

A. The gist of the Plaintiff’s assertion is to the effect that “The Plaintiff completed unlawful registration by forging the relevant land cadastre or a certified copy of the register, etc. by the Defendant and the public official in charge, etc.,” and that the judgment subject to a retrial should be revoked,” which appears to be grounds for retrial under Article 451(1)6 of the Civil Procedure Act.

B. Article 451(1)6 of the Civil Procedure Act provides that “when a document constituting evidence of a judgment has been forged” as one of the grounds for retrial. However, in the case of the above grounds for retrial, a suit for retrial may be instituted only on the forgery of document pursuant to Article 451(2) of the same Act, “when a judgment of conviction becomes final and conclusive, or when a final and conclusive judgment cannot be rendered for reasons other

However, in the instant case, the Defendants and public officials in charge, etc. forged documents that served as evidence of the judgment subject to a retrial and received a final judgment of conviction.

There is no evidence to prove that there is a circumstance that could not render a final judgment of conviction for reasons other than lack of evidence. As such, the grounds for retrial under Article 451(1)6 of the Civil Procedure Act are the same.

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