1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

1. Whether the litigation for retrial of this case is legitimate

A. The Plaintiff filed a lawsuit for retrial of this case with the purport that there was a ground for retrial, such as when the judgment was omitted on important matters affecting the mistake of facts or judgment in the judgment subject to retrial.

B. First, since the erroneous determination of facts does not constitute a ground for retrial under Article 451(1) of the Civil Procedure Act, it cannot be deemed a legitimate ground for retrial.

C. Meanwhile, a lawsuit for retrial shall be filed within 30 days from the date when a judgment became final and conclusive, and the grounds for retrial, such as omission of judgment, etc., are deemed to have become known at the time when the party received the original copy of the judgment, barring any special circumstance.

In the instant case, after the original copy of the judgment subject to a retrial was served on July 30, 2015 to the Plaintiff, the Plaintiff’s final appeal was dismissed on November 26, 2015, and the original copy of the judgment was served on the Plaintiff on December 1, 2015, and the fact that the instant lawsuit filed for retrial on April 12, 2016, which was 30 days after the lapse of 30 days thereafter, is apparent in the record, and therefore, it is evident that the instant lawsuit for retrial, which serves as grounds for a retrial omitting a judgment, goes beyond the filing period.

2. According to the conclusion, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.