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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, ..
Reasons
1. The following facts, which became final and conclusive in the judgment subject to review, are apparent in records or significant to this court:
The Plaintiff filed a lawsuit against the Defendant for the implementation of the ownership transfer registration procedure based on the termination of title trust against the instant real estate by Changwon District Court Decision 2005Da25642, and the said court rendered a judgment dismissing the Plaintiff’s claim on January 10, 2007.
B. As to this, the Plaintiff appealed as the Changwon District Court 2007Na1450 (the Plaintiff added the conjunctive claim as above in the appellate court), the above court revoked the first instance judgment on August 31, 2007 and rendered a judgment accepting the Plaintiff’s primary claim (hereinafter “the subject judgment for review”), and the Defendant appealed as the Supreme Court Decision 2007Da67869 on January 31, 2008, but the subject judgment for review became final and conclusive.
C. Since then, the Defendant asserted that there are grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act in the judgment subject to a retrial, and filed a suit for retrial with the Changwon District Court 2008Na25, but the judgment dismissing the suit was rendered on July 11, 2008 and became final and conclusive as is.
In addition, the Defendant alleged that there exist grounds for retrial under Article 451(1)4, 6, and 10 of the Civil Procedure Act in the judgment subject to a retrial, and filed a suit for retrial with the Changwon District Court 2009Na222, Changwon District Court 2009Na152, Changwon District Court 2014Na118, but the judgment dismissing each of the lawsuits was pronounced and finalized on September 10, 2009 (Seoul District Court 2009Na152, Changwon District Court 2009NaNa152), May 14, 2010 (Seoul District Court 2009NaNa152), and November 5, 2015 (Seoul District Court 2014Na118).
2. Determination on the grounds for retrial
A. The defendant's assertion that the defendant filed the lawsuit of this case after being registered as a clan by using a forged private document by the plaintiff, and the judgment subject to a retrial is based on forged documents, etc. as above.