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(영문) 서울고등법원 2017.07.13 2016재나790
소유권이전등기
Text

1. All applications for quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the defendant.

Reasons

1. Determination as to an application for quasi-examination as to a ruling of implied rejection of the application for the submission of documents

A. The defendant (hereinafter "the defendant") asserts that there is a ground for retrial falling under the omission of judgment under Article 451 (1) 9 of the Civil Procedure Act, since the defendant (the "the defendant") made a rejection decision on January 20, 2016 regarding the application for the order to submit documents on January 20, 2016, which was an important matter that could affect this Court's decision subject to quasi-deliberation (hereinafter "the principal case").

B. Article 348 of the Civil Procedure Act provides that an immediate appeal may be filed against a decision on a request for submission of a document. Thus, a dismissal decision on a request for an order to submit a document becomes final and conclusive, and if there exist grounds for retrial under Article 451(1) of the Civil Procedure Act, such decision may be subject to quasi-

However, it is clear that the Defendant’s motion for the submission of documents constitutes omission of judgment in making a final judgment on the case at issue, even though the above motion constitutes an important matter that may affect the case at issue of the merits, and it does not constitute a ground for quasi-examination as to the omission of judgment on important matters that could affect the above order itself, and otherwise, there is no other assertion as to the legitimate ground for quasi-examination as to the above quasi-examination. Thus, the Defendant did not meet the legitimate requirements for re-examination.

(see, e.g., Supreme Court Decision 96Da31307, Oct. 25, 1996). Therefore, this part of the application for quasi-deliberation is unlawful.

2. Determination as to an application for quasi-examination as to the determination of implied rejection of the application for verification

A. The Defendant’s assertion is accompanied by this Court’s motion for verification as of January 20, 2016, which is an important matter that may affect the case of the merits.

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