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(영문) 청주지방법원 충주지원 2021.01.07 2019재가합27
대부계약무효 등
Text

The litigation of this case shall be dismissed.

The litigation costs for retrial shall be borne by the plaintiff (the plaintiff in retrial).

the purport and purpose of the claim;

Reasons

1. As to each land listed in the judgment subject to a retrial, the Plaintiff and BA, and each land listed in the separate sheet, the fleet C acquired extinctive prescription, and they succeeded to their possession.

In light of the above legal principles, the court below's decision that dismissed the claim for cancellation of the ownership preservation registration in the lawsuit filed by the plaintiff et al. on November 16, 2017, which dismissed the part of the claim for cancellation of the ownership preservation registration in the lawsuit filed by the plaintiff et al. on the part of the lawsuit filed by the plaintiff et al. on November 16, 2017, and rendered a decision that dismissed all of the remaining claims (hereinafter referred to as "decision subject to a judgment subject to a judgment subject to a judgment") and became final and conclusive around that time, together with the loan collected by the plaintiff and the return of the changed prize money.

2. The grounds for retrial asserted by the Plaintiff in the instant lawsuit for retrial are generally below the gist of the Plaintiff’s assertion on the re-examination.

① In the case of Cheongju District Court 2017 Gohap 5310, 2017 Gohap 5495 (Joint), the parties are omitted in the third pleading protocol. Since the Plaintiff was unable to make a legitimate statement in the course of pleading, the so-called judgment is null and void when the litigation procedures were suspended.

② The judgment subject to a retrial is null and void as a judgment to be withdrawn pursuant to Article 268 of the Civil Procedure Act because the Plaintiff did not lawfully set the purport of the claim and did not lawfully state the merits.

(3) Each piece of land listed in the annexed list shall be acquired by C lawfully by prescription, and shall be null and void both a certified copy of the land ledger prepared for each piece of land, a loan contract concluded for each of the above lands, and a registration of ownership preservation in the name

However, the decision subject to a review is an original judgment.

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