손해배상(기)
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 a retrial, are apparent or apparent in records in this court:
The Plaintiff filed a lawsuit against the Defendant on the ground that “The Defendant incorporated the fish farm land owned by the Plaintiff (hereinafter “the instant land”) from the Plaintiff in the bank (hereinafter “the instant bank”) around the Seogu District Court 2010Kadan59421, the Plaintiff filed a lawsuit against the Defendant seeking compensation for damages amounting to KRW 49,875,50, and its delay damages on the ground that “the Plaintiff intentionally compensated only a part of the Plaintiff, while compensating the Plaintiff for a considerable amount of compensation for the damage,” and the Daegu District Court rendered a judgment against the Plaintiff on December 28, 201.
B. The Plaintiff appealed with the Daegu District Court 201Na1550, and the Daegu District Court rendered a judgment in favor of the Plaintiff on January 18, 2012.
C. On February 26, 2015, the Defendant appealed to the Supreme Court Decision 2012Da16292, and the Supreme Court rendered a judgment that “the part against the Defendant is reversed, and that this part of the case is remanded to the Daegu District Court Panel Division.”
On September 17, 2015, the Daegu District Court rendered a ruling dismissing the Plaintiff’s appeal (hereinafter “the ruling on review”) by 2015Na6089.
E. The Plaintiff appealed and appealed by Supreme Court Decision 2015Da59375, and the Supreme Court rendered a judgment dismissing the final appeal on January 14, 2016, which became final and conclusive on the same day.
2. Determination on the legitimacy of the litigation for retrial of this case
A. The plaintiff asserts to the following purport as to the grounds for retrial of this case.
1. Around 2001, the Defendant: (a) performed defective construction works contrary to the design drawing of the instant bank; and (b) was incorporated into the instant bank even though the instant land was not entirely incorporated into the instant bank; and (c) prepared false public documents and submitted them in the process of litigation for the judgment subject to a retrial, and thus, the judgment subject to a retrial