1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff (the plaintiff and the selected party).

1. The Plaintiff et al. filed a lawsuit against the Defendant for the total amount of KRW 82,540,000 for damages incurred from the construction of a new building in the vicinity of a house owned by the Plaintiff et al. (Seoul Western District Court 201Gadan47049) and damages for delay thereof (Seoul Western District Court 201Gadan47049). The said court rendered a judgment dismissing all the claims of the Plaintiff et al. on February 13, 2015. While the Plaintiff et al. appealed, the appellate court declared that all the appeals were dismissed on November 12, 2015.

Accordingly, on November 18, 2015, the Plaintiff et al. appealed to the Supreme Court on November 30, 2015, which was served with the judgment subject to a retrial. However, on March 10, 2016, the final appeal was dismissed by a judgment of non-trial trial, and the judgment subject to a retrial was served on March 14, 2016, and the judgment subject to a retrial became final and conclusive as it is.

On the other hand, the instant lawsuit filed on July 4, 2016.

【Ground for recognition: Facts that are significant or obvious in records in this court

2. Determination on the grounds for retrial

A. The following grounds exist in the judgment subject to a retrial by the Plaintiff.

1) Grounds for a retrial under Article 451(1)6 of the Civil Procedure Act: Decision of the first instance court and each lawsuit of the judgment subject to a retrial were altered accordingly. 2) Grounds for a retrial under Article 451(1)9 of the Civil Procedure Act: The Plaintiff et al. omitted a determination on important matters that may affect the judgment, such as where the evidence submitted by the Plaintiff et al. was implied or rejected without justifiable grounds

3) Grounds for a retrial, such as mistake of facts: The part of the judgment subject to a retrial and the part of the “extension of the second floor area of a building, including the Plaintiff, and alteration of the first floor use” recognized in the judgment of the court of first instance is erroneous by mistake of facts. (B) Determination 1) When the documents and other items used as evidence for the judgment on the grounds for a retrial under Article 451(1)6 of the Civil Procedure Act were forged or altered, a lawsuit for retrial on the final judgment may be brought