손해배상
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. The following facts, which have become final and conclusive in the judgment subject to review, do not conflict between the parties or are apparent in records:
The plaintiff filed a lawsuit, such as damages, asserting that "the defendant succeeded to the illegal possession of the third floor of the building stated in the purport of the claim, and is responsible for compensation for damage caused by illegal possession, and is obligated to restore the part stated in the purport of the claim corresponding to the common area to its original state and order the restoration thereof." However, on June 4, 2009, the judgment of the court of first instance was rendered that the defendant's claim was dismissed as the Sungnam branch of Suwon District Court 2008Ka1254.
B. Although the Plaintiff appealed against the judgment of the first instance court, on November 12, 2009, the judgment subject to a retrial was pronounced to the effect that the Plaintiff’s appeal was dismissed by Suwon District Court 2009Na15593, and the Plaintiff appealed, but the appeal was dismissed by Supreme Court Decision 2009Da95462 on February 11, 2010, and the judgment subject to a retrial became final and conclusive.
2. The Plaintiff asserts to the effect that there is a ground for a retrial under Article 451(1)10 of the Civil Procedure Act, since it conflicts with the previous Supreme Court Decisions (Supreme Court Decisions 2003Da36799 Decided February 27, 2004; 2001Da61869 Decided November 14, 2003) that held that the decision subject to a retrial is a scope of return of profits used by malicious occupant.
On the other hand, the grounds for retrial under Article 451(1)10 of the Civil Procedure Act are established to coordinate conflict between res judicata of the judgment subject to retrial and res judicata of a final and conclusive judgment rendered prior to the judgment subject to retrial. As such, “when a final and conclusive judgment prior to the judgment subject to retrial conflicts with a final and conclusive judgment rendered prior to the judgment subject to retrial” refers to cases where the effect of a final and conclusive judgment prior to the judgment subject to retrial affects the parties to the judgment subject to retrial, and even if the final and conclusive judgment prior to the judgment