2...

On April 19, 2012, the Plaintiff filed a lawsuit against the Defendant for the delivery and overdue rent of the building indicated in the separate sheet (hereinafter “instant building”) and for the payment of unjust enrichment equivalent to the rent. On January 30, 2013, the previous District Court Decision 2012Gahap2339 rendered a judgment of winning part of the Plaintiff that “the Defendant shall receive from the Plaintiff the remainder of the amount calculated by deducting the amount of KRW 15,40,000 per month from KRW 88,80,000 to KRW 15,40,000 per month from December 3, 2012 to the completion of delivery of the instant building, and simultaneously deliver the instant building to the Plaintiff. The remainder of the Plaintiff’s claim is dismissed.”

B. On July 25, 2013, the judgment of the court of first instance, including the claim added in the trial, was rendered as follows. The defendant delivered the building of this case to the plaintiff, and paid 15,400,000 won per month from July 3, 2013 to the completion date of delivery of the building of this case, and the plaintiff filed an appeal to the appellate court. The plaintiff added a claim seeking the implementation of the procedure for filing succession to the business status of the building of this case, and the judgment of the court of first instance (hereinafter referred to as the "the judgment of retrial") was rendered on July 25, 2013 that "the remaining claims of the plaintiff are dismissed."

C. Although the Defendant filed an appeal, the Supreme Court Decision No. 2013Da6683 Decided November 14, 2013, which was the final appeal, rendered a final decision, and the decision subject to a retrial became final and conclusive as it is, on November 14, 2013.

2. Grounds for retrial and determination

A. The summary of the Defendant’s assertion adopted the false statements made by the witness D and E of the first instance trial as evidence, and D with respect to such false statements, D is convicted of perjury.