logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.11.05 2014재나118
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. The following facts are clearly recorded in a final and conclusive judgment subject to review:

The Plaintiff filed a lawsuit against the Defendant for the implementation of the ownership transfer registration procedure based on the termination of title trust against each of the instant real estate by Changwon District Court Decision 2005Da25642, and the said court rendered a judgment dismissing the Plaintiff’s claim on January 10, 2007.

B. As to this, the Plaintiff appealed as the Changwon District Court 2007Na1450 (the Plaintiff added the conjunctive claim as above in the appellate court), the above court revoked the judgment of the first instance on August 31, 2007 and rendered a judgment that accepted the Plaintiff’s primary claim (hereinafter “the judgment of retrial”), and the Defendant appealed as the head of Changwon District Court 2007Da67869 on January 31, 2008, but the judgment of retrial became final and conclusive.

C. Since then, the Defendant asserted that there are grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act in the judgment subject to a retrial, and filed a suit for retrial with the Changwon District Court 2008Na25, but the judgment dismissing the suit for retrial on July 11, 2008 became final and conclusive as it was.

After that, the Defendant asserted that there exist grounds for retrial under Article 451(1)4, and 6 through 10 of the Civil Procedure Act in the judgment subject to a retrial, and filed each suit for retrial with the Changwon District Court 2009Na222, Changwon District Court 2009NaNa152, but the judgment dismissing each suit for retrial on September 10, 2009 (Seoul District Court 2009Na222) and May 14, 2010 ( Changwon District Court 2009Na152) became final and conclusive as it is.

2. Determination on the grounds for retrial

A. The defendant's assertion that the defendant filed the lawsuit of this case after being registered as a clan using a forged private document by the plaintiff, and since the judgment subject to a retrial was based on forged documents and witness's perjury, there are grounds for retrial under Article 451 (1) 6 and 7 of the Civil Procedure Act in the judgment subject to a retrial, and subparagraphs 4 and 4 of the same paragraph.

arrow