1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the defendant (Plaintiff).

purport, purport, ..

1. The reasoning for the court’s explanation on this part is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure

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

A. The Defendant’s assertion (1) After entrusting the Plaintiff L with the instant building, the Plaintiff filed a lawsuit against the Defendant despite the absence of the capacity to file the lawsuit as a doctor or an incompetent person, and the law firm J acting for the said lawsuit even without the capacity to file the lawsuit. As such, the instant judgment subject to a retrial is defective in the capacity to file the lawsuit or the right to file the lawsuit.

(2) In addition, the defendant's attorney has committed an act contrary to the defendant's interest, such as being aware that A lost ownership and a lessor status and did not have the right to request the delivery of a building, in collusion with L, etc., and did not assert it in a lawsuit for delivery of the building. Thus, the defendant'

(3) Therefore, there are grounds for retrial under Article 451(1)3 of the Civil Procedure Act in the instant judgment subject to a retrial.

B. (1) Where a case falls under any of the following subparagraphs, a suit for a retrial may be filed against the final judgment that has become final and conclusive.

Provided, That this shall not apply in case where the parties have asserted the grounds by an appeal or have known them to the public.

3. A defect in granting a legal representation right, powers of attorney, or an authority required for the procedural acts of a representative;

(c) When it has been ratified pursuant to the provisions of Article 60 or 97: Provided, That the same shall not apply when it has been ratified;

(2) The purport of the legal principle as a ground for retrial under the Civil Procedure Act is to protect the party’s side where there is a defect in such power of representation, and thus, the other party’s ground for retrial is to consider it as a ground for retrial.