건물명도
The litigation of this case shall be dismissed.
The litigation costs for retrial shall be borne by the defendant (Counterclaim plaintiff, plaintiff for retrial).
1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.
A. The Plaintiff filed a lawsuit against the Defendant against the Busan District Court Decision 2016Ga306500, Busan District Court Decision 2016, which sought delivery of each of the instant real estate and return of unjust gains. In the litigation proceedings, the Defendant filed a counterclaim against the Plaintiff to return the lease deposit and claim for damages.
On July 13, 2017, Busan District Court sentenced the judgment of the first instance that partly accepted the plaintiff's main claim and the defendant's counterclaim.
B. On November 14, 2019, the Defendant appealed as Busan District Court Decision 2017Na52535 (Mains) and 2017Na528 (Counterclaims). On November 14, 2019, the said court rendered a judgment that partly admitted the Plaintiff’s principal claim and the Defendant’s counterclaim claim.
(c)
In other words, the defendant is again dissatisfied with the Supreme Court Decision 2019Da297731 (principal lawsuit) and 2019Da297748 (Counterclaim), but the judgment subject to a retrial became final and conclusive as it is due to the dismissal ruling on March 26, 2020.
2. Existence of the fact of reexamination;
A. The gist of the Defendant’s assertion lies in the review under Article 451(1)6 or 7 of the Civil Procedure Act, since the Plaintiff submitted a forged contract (Evidence A No. 1) in the process of the said lawsuit and made a false statement. As such, the judgment subject to a retrial exists.
B. Article 451(2) of the Civil Procedure Act provides that “In the case of subparagraphs 4 through 7 of paragraph (1), a suit for retrial may be filed only when a judgment of conviction or judgment of imposition of a fine for negligence has become final and conclusive or a final and conclusive judgment of final conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence.”
“......”
Article 451 (Grounds for Retrial) (1) Where it falls under any of the following subparagraphs, a lawsuit for retrial on the final judgment that has become final and conclusive may be filed:
provided that a Party.