(영문) 서울북부지방법원 2020.04.23 2019재나612

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(영문) 서울북부지방법원 2020.04.23 2019재나612

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1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

Reasons

1. Facts which fall under any of the following subparagraphs are obvious or obvious in records to this court:

The Plaintiff filed a lawsuit against the Defendants claiming the cancellation of ownership transfer registration by Seoul Northern District Court 2016Da34868, and the court of first instance rendered a judgment dismissing the Plaintiff’s claim on May 30, 2017.

B. On December 8, 2017, the Plaintiff appealed the first instance judgment as Seoul Northern District Court 2017Na34309, and the said court sentenced the instant judgment subject to a retrial that dismissed the Plaintiff’s appeal. As to this, the Plaintiff appealed by Supreme Court Decision 2018Da201269, but the final appeal was dismissed on April 12, 2018, and the instant judgment subject to a retrial became final and conclusive on April 16, 2018.

C. On July 26, 2018, the Plaintiff filed a lawsuit seeking the revocation of a judgment subject to retrial (hereinafter “prior suit of this case”) by asserting that there was a ground for retrial under Article 451(1)3 of the Civil Procedure Act to the effect that “ there was no fact that the Defendants granted the authority necessary for substantially engaging in litigation by the Defendants, who are all the attorneys of the Defendants, to the extent that there was no fact that there was a ground for retrial under Article 451(1)3 of the Civil Procedure Act.” On March 26, 2019, the said court rendered a judgment dismissing the request for retrial under Article 451(1)3 of the Civil Procedure Act (hereinafter “prior new judgment of this case”), and the said judgment became final and conclusive on April 17, 2019.

2. The Plaintiff’s assertion and its determination are asserted by the Defendants, who are non-legal representatives of the Defendants, and there was no authority granted to practically conduct procedural acts by the Defendants, and thus, there exists grounds for retrial under Article 451(1)3 of the Civil Procedure Act. However, a lawsuit for retrial is filed within 30 days from the date the parties to the judgment became final and conclusive, and the

참조조문

-민사소송법 제451조 제1항 제3호

유사 판례

-서울북부지방법원 2019.03.26 2018재나622

-광주지방법원 2019.06.21 2018재나170

-서울북부지방법원 2018.03.21 2017재나69

-수원지방법원 2016.12.23 2016재나122

-광주지방법원 2015.07.03 2015재가단24