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(영문) 서울남부지방법원 2015.01.30 2014가단45588
제권판결에 대한 불복
Text

1. Of the instant lawsuit, the Seoul Southern District Court rendered a public summons application case on April 4, 1998.

Reasons

1. As to the legitimacy of a lawsuit seeking the revocation of the first nullification judgment, the Plaintiff asserts that the Defendant filed a false report on the loss of each of the instant deeds and received the first nullification judgment by fraud or other improper means and sought the revocation of the first nullification judgment.

The lawsuit against the judgment of nullification cannot be filed three years after the date on which the judgment of nullification was rendered. Since the fact that the plaintiff filed the lawsuit in this case on August 14, 2014, which was three years after the date on which the judgment of nullification was rendered on April 4, 1998, is apparent in the record, this part of the lawsuit is unlawful, even with the lapse of the period for filing the lawsuit.

2. The plaintiff filed a revocation of the second nullification judgment by asserting that the defendant filed a false report on the loss of each of the deeds of this case and received the second nullification judgment by false or other unlawful means. However, there is no evidence to acknowledge the plaintiff's assertion, and the plaintiff's claim for this part of this case is without merit.

3. If so, the part of the lawsuit in this case seeking the cancellation of the first nullification judgment is unlawful, and thus, the claim for cancellation of the second nullification judgment is dismissed as it is without merit.

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