On April 22, 2016, the Plaintiff filed a lawsuit of demurrer against the Defendant with the Daegu District Court 2016Kadan12851, which stated that “The Defendant’s compulsory execution against the Plaintiff shall not be permitted based on the Daegu District Court 2014Gaso38747 decision.” On February 7, 2017, the Daegu District Court sentenced the first instance judgment that “The compulsory execution against the Plaintiff by the Defendant exceeds KRW 950,000,00,000. The remainder of the Plaintiff’s claim is dismissed.”

B. After filing an appeal against the judgment of the first instance (Tgu District Court 2017Na3282), the Plaintiff added the Plaintiff’s claim that “The Defendant, who does not have the right or duty to file a claim against the Plaintiff, shall close the management of the collective housing that goes beyond the rules of the Enforcement Decree of the Housing Act, shall be entrusted and managed without any corresponding matters, and the decision to commence compulsory sale of the building No. 40179, Feb. 25, 2015, which was received on February 2

On November 15, 2017, the appellate court, prior to the review, dismissed the Plaintiff’s appeal and sentenced the Plaintiff to a judgment subject to a retrial that dismissed the Plaintiff’s lawsuit for the additional claim. On November 21, 2017, the judgment subject to a retrial was served on the Plaintiff on November 21, 2017 and became final and conclusive on December 6, 2017.

2. Determination as to the request for retrial

A. The plaintiff's assertion