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 became final and conclusive in the judgment subject to review, are apparent in records or significant to this court.

The plaintiff filed a lawsuit against the defendant as Jeonju District Court Branch 99Kahap682, but the above court rendered a judgment dismissing the plaintiff's claim on April 26, 2000.

B. The Plaintiff appealed to the above judgment of the first instance court as the Gwangju High Court 200Na2268, but the above court rendered a judgment dismissing the Plaintiff’s appeal on May 24, 2002 (hereinafter “the judgment on review”).

C. The Plaintiff again appealed to the judgment subject to a retrial and appealed to the Supreme Court Decision 2002Da33878, but the Supreme Court rendered a judgment dismissing the Plaintiff’s appeal on August 2, 2002, and on the same day, the said judgment subject to a retrial became final and conclusive.

2. Determination on the legitimacy of the grounds for retrial

A. The gist of the Plaintiff’s assertion is that the lease contract (No. 4) submitted as evidence for a case subject to review was forged, and that D who appeared and testified as a witness in the same case, and thus, there was a ground for retrial under Article 451(1)6 and 7 of the Civil Procedure Act in the judgment subject to review.

B. Article 451(1)6 of the Civil Procedure Act provides that when a document used as evidence for the judgment has been forged or altered, the time when a witness’s false statement was used as evidence for the grounds for retrial under Article 451(1)7 of the same Act. In such a case, a retrial may be instituted only when a judgment of conviction or a judgment of imposition of a fine for negligence became final and conclusive, or when a final and conclusive judgment of conviction or a judgment of imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence. Here, “when a final and conclusive judgment of conviction or a final and conclusive judgment of imposition of a fine for negligence is impossible for reasons other than lack of evidence” means death or death of an offender, i.e., death, death