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(영문) 광주고등법원(제주) 2016.03.23 2015재나38
토지원상회복 등
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, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

On August 26, 2011, the Plaintiff filed a lawsuit against the Defendant and Jeju District Court as the Jeju District Court 201Gahap25444 against the Defendant and Jeju. On February 2, 2012, the court of first instance rendered a judgment to the effect that “The Plaintiff’s lawsuit against Jeju, the part of the Plaintiff’s claim for confirmation of ownership against the Defendant, the part of the Plaintiff’s claim for cancellation of the registration of change of the indication of each registered titleholder, and all of the claims for information disclosure are dismissed, and all of the remainder of the Defendant’s claim and each preliminary claim are dismissed.”

B. The Plaintiff appealed against the foregoing judgment of the first instance, and the appellate court rendered a judgment dismissing the Plaintiff’s appeal on August 22, 2012, and the Plaintiff appealed against the above judgment, but the appellate court rendered a judgment dismissing the appeal by Supreme Court Decision No. 2012Da201892 Decided November 29, 2012.

C. On August 23, 2013, the Plaintiff filed a lawsuit for reexamination with the resident company of Gwangju High Court ( Jeju) as the resident company of Gwangju High Court. On June 11, 2014, the said court rendered a judgment dismissing the lawsuit for reexamination. The Plaintiff appealed against the said judgment, but was dismissed on October 16, 2014.

On November 14, 2014, the Plaintiff filed a suit for new trial with the same court against the judgment dismissing the above new trial by the resident department of the Gwangju High Court ( Jeju). On April 29, 2015, the said court rendered a judgment dismissing the suit for new trial (it refers to the instant judgment subject to new trial) and the said judgment became final and conclusive on May 19, 2015 due to the Plaintiff’s failure to file an appeal against the instant judgment subject to new trial.

2. Existence of grounds for retrial

A. The plaintiff's assertion that the defendant submitted a forged land cadastre or a certified copy of the register in the case subject to review as evidence, and accordingly, the judgment against the plaintiff was rendered. This circumstance is the Civil Procedure Act.

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