1. The lawsuit of this case shall be dismissed.

2. The costs of the lawsuit for retrial shall be borne by the Plaintiff (Plaintiff).

1. On September 15, 2010, the above court rendered a judgment dismissing the Plaintiff’s claim on September 15, 2010 regarding the case where the Suwon District Court 2010Guhap7230, which the Plaintiff filed against the Defendant for a final judgment subject to a retrial, dismissed the Plaintiff’s claim. While the Plaintiff filed an appeal and a final appeal, all of the appeals were dismissed, and the judgment of the first instance court became final and conclusive on October 13, 201.

【Reasons for Recognition】 Each entry of evidence Nos. 11, 12, and 13, and the purport of the whole pleadings

2. Determination as to the existence of a ground for retrial

A. The Plaintiff’s assertion is abutting on a road with a width of at least 2 meters, B, 650 square meters, where the Plaintiff filed an application for a permit to construct a seed and seedling nursery with the Defendant, and the River Act only applies to C river 14,076 square meters, which filed an application for a permit to occupy and use public waters, and the Public Waters Management Act cannot be applied. As such, the judgment subject to a decision subject to a retrial is either inconsistent with the foregoing facts or dismissed the Plaintiff’s claim by applying the Supreme Court precedents or statutes that do not relate to this case, which constitutes grounds for a retrial under Article 451(1)6

B. First, as to whether there exists a ground for a retrial under Article 451(1)6 of the Civil Procedure Act, there is no argument by the Plaintiff as to whether the documents and other articles as evidence of the judgment subject to a retrial were forged or altered, and Article 451(2) of the Civil Procedure Act provides, “In the case of Article 451(1)4 through 7 of the Civil Procedure Act, a lawsuit may be brought in a retrial only when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive or a final and conclusive judgment of imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence” (Article 451(1)4 through 7 of the Civil Procedure Act). Accordingly, in relation to forgery or alteration of documents, etc. as evidence of the judgment subject to a retrial,