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(영문) 창원지방법원거창지원 2016.11.24 2016재가합11
소유권이전등기
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The facts below the basic facts are either apparent in the records or obvious to this Court.

The Plaintiff filed a lawsuit against the Defendant, who is the owner of each land listed in the separate sheet (hereinafter “each of the instant lands”) by asserting that he/she has the right to claim ownership transfer registration based on completion of each acquisition by prescription, such as the description in the purport of the claim, under the court 2006Gahap205.

B. On December 14, 2006, the instant court rendered a judgment subject to a retrial that dismissed the Plaintiff’s claim, and the judgment subject to a retrial became final and conclusive on January 3, 2007 as the Dog of the appeal period.

2. The Plaintiff asserted that each of the instant lands was lawfully purchased from D, E, and F, and the judgment subject to a retrial dismissed the Plaintiff’s claim on the ground that “the Plaintiff is doubtful whether the Plaintiff actually purchased each of the instant lands from D, E, and F, and thus the Plaintiff’s independent possession is not recognized.”

However, on June 21, 2016, the Plaintiff and D, a disposal document for each of the instant lands, came to know that each of the instant sales contracts was not modified on or around September 25, 1978, and that each of the instant sales contracts was not modified on or around July 12, 1987, as a result of the documentary appraisal of the sales contract made between the Plaintiff and E, drafted on or around September 25, 197.

As such, each of the above sales contracts is a document in which the judgment subject to a retrial was fully prepared, but dismissed the Plaintiff’s claim by omitting a judgment on each of the above sales contracts, which are an important disposition documents, there is a ground for retrial as stipulated in Article 451 subparag. 9

3. Article 456(1) of the Civil Procedure Act provides that "a lawsuit for a retrial shall be filed within 30 days from the date on which a party becomes aware of the grounds for retrial after a judgment became final and conclusive." Thus, the grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act constitute separate grounds for a retrial.

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