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 plaintiff, who became final and conclusive in the judgment subject to review, filed a lawsuit against the defendant under the Busan District Court Decision 2006Da70679, stating that "as there are defects, such as water leakage in the building purchased from the defendant around February 2, 2006, the defendant is obligated to pay damages for the claims stated in the judgment subject to warranty or breach of duty to notify the plaintiff." The above court rendered a judgment dismissing the plaintiff's claim on October 25, 2007. The plaintiff appealed against the plaintiff and appealed the Busan District Court Decision 2007Na17380 on July 25, 2008, but did not file an appeal to dismiss the plaintiff's appeal on August 19, 2008 (hereinafter referred to as "the judgment subject to review"), and the decision of first instance became final and conclusive on August 19, 208, while the plaintiff filed a lawsuit under the above judgment of first instance court and Article 451 (1) 7 of the Civil Procedure Act on the judgment subject to review with Busan District Court Decision 2009Na164,2094.206.
2. The Plaintiff asserts that the decision subject to a retrial should be revoked to receive the said money, since the Plaintiff committed assault and intimidation against the Plaintiff and did not pay any defect repair or damages to the Plaintiff, even though the Defendant sold a building that caused defects in water leakage by deceiving the Plaintiff.
(1) The Plaintiff did not state that the grounds for retrial of this case fall under any of the subparagraphs of Article 451(1) of the Civil Procedure Act. The Plaintiff’s lawsuit for retrial of a final and conclusive judgment is permitted only when there exist the grounds prescribed in the subparagraphs of Article 451(1) of the Civil Procedure Act. The grounds for appeal by the Plaintiff are one of the subparagraphs of Article 451(1) of the said Act.