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(영문) 광주지방법원 2015.07.03 2014재나73
소유권말소등기
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 in fact of recognition are apparent or obvious to this Court, in the records:

1) On May 18, 2009, the Plaintiff filed a lawsuit against the Defendant for the implementation of the procedure for the registration of cancellation of ownership transfer in the name of the Defendant, which was completed on each real estate listed in the separate sheet, with respect to the real estate as indicated in the separate sheet, with the Gwangju District Court 2009, and the Defendant was served with the above complaint and did not submit a written reply within 30 days. The court of first instance held that the Plaintiff won the lawsuit (the Gwangju District Court 2009Gadan1029, and hereinafter “the first instance court judgment”) pursuant to Article 208(3)1 of the Civil Procedure Act on August 14, 2009.

(2) On August 25, 2009, the defendant submitted a petition of appeal against the judgment of the court of first instance to the Gwangju District Court, and on November 13, 2009, the appellate court revoked the judgment of the court of first instance on the grounds that the plaintiff's claim against the defendant is against the res judicata effect of the judgment of the court of first instance, and the judgment of the court of first instance that became final and conclusive which became final and conclusive against the defendant on November 13, 2009 (i) net District Court of the first instance, Gwangju District Court of Gwangju District, 2000Na7536, 200Da6273, 200Da62773, 207Gadan5, 2007, Gwangju District Court of first instance, 208Na4106, 2008Da76099, hereinafter collectively referred to as "previous judgment"), and dismissed the plaintiff's claim (hereinafter referred to as "the judgment of second instance court of second instance").

3) Although the Plaintiff filed an appeal against it, on February 25, 2010, the dismissal of the final appeal was pronounced (Supreme Court Decision 2009Da99648, hereinafter “Supreme Court Decision”) (hereinafter “Supreme Court Decision”).

B) The judgment subject to a retrial became final and conclusive. B. The Plaintiff filed a lawsuit for a retrial prior to the instant lawsuit for retrial on March 25, 2010, but the Gwangju District Court dismissed the Plaintiff’s petition for a retrial on June 25, 2010.

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