1. On December 6, 1989, the Plaintiff (hereinafter “Plaintiff”) asserted that there was a ground for retrial under Article 451 subparag. 8 of the Civil Procedure Act (when a criminal judgment, which served as the basis of the judgment, was changed by another judgment) against the Defendant (the Defendant, hereinafter “Defendant”) as the party taking over the lawsuit of the deceased Party A, and that there was a ground for retrial under Article 451 subparag. 8 of the Civil Procedure Act (hereinafter “instant judgment subject to retrial”), the lower court rejected the instant petition for retrial on the ground that the deceased Party A and his father, who are the father of the Plaintiff, were indicated as “M” in the instant judgment subject to retrial.

2. However, it is difficult to accept such a determination by the lower court for the following reasons.

The judgment below

According to the reasoning and records, ① the deceased and the deceased’s father B were siblingsed, ② the deceased on October 25, 1963, and the deceased on October 25, 1963, and P succeeded to the wife P and the deceased on September 14, 1966, and P died on August 3, 1980 without his spouse or own consciousness, and the deceased on September 14, 1998, and the deceased on September 14, 198, and the deceased on September 14, 1998, and the deceased on September 2, 199, the plaintiff inherited the deceased on September 14, 198, and ② the plaintiff filed a new trial against the defendant on December 6, 198 as Seoul High Court No. 2012Na1344, Dec. 6, 1989, and the Seoul High Court claimed the cancellation of the judgment on September 20, 2013.