손해배상(기)
1. Among the lawsuits for retrial of this case, the grounds for retrial under Article 451(1)6 of the Civil Procedure Act shall be dismissed.
2. The case.
1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.
On February 3, 2007, the Plaintiff filed a lawsuit against the Defendant, as Seoul Central District Court 2007Gahap12246, demanding the payment of the sale price, penalty, development cost, and damages for delay, which was paid to the Defendant for the sale price, the amount of the sale price, the penalty, the development cost, and the damages for delay, which were paid to the Defendant due to the cancellation due to the conjunctive mistake, as the sale price, the amount of the sale price, the amount of the development cost, and the damages for delay, which was paid to the original state due to the cancellation due to the conjunctive mistake, and the amount of the sale price, the development cost, and the damages for delay.
On October 10, 2007, the court of first instance rendered a judgment to dismiss all the plaintiff's claims.
B. The Plaintiff appealed with Seoul High Court No. 2007Na11461, and subsequently, the Plaintiff amended the purport of the claim to seek the payment of the sale price, penalty, development cost, and damages for delay, which were incurred due to the cancellation of the agreement, the statutory cancellation due to nonperformance of obligation, or the cancellation of deception and mistake, together with the primary claim and the conjunctive claim claimed by the first instance court. In addition, the Plaintiff added the claim to seek the payment of the delayed payment, development cost, and damages for delay from the date following the scheduled occupancy date.
On May 12, 2009, the appellate court sentenced the instant judgment subject to a retrial, which dismissed both the Plaintiff’s appeal, expansion, and additional claims. The Plaintiff’s legal representative was served with the original copy of the instant judgment subject to a retrial on May 20, 2009.
C. The Plaintiff appealed and appealed by Supreme Court Decision 2009Da47654, but was dismissed by a judgment of non-trial trial on August 20, 2009, and the original judgment was served on the Plaintiff on August 31, 2009.
2. Whether the litigation of this case is legitimate or not.