1. The lawsuit of this case shall be dismissed.

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

1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:

On January 26, 2017, the Plaintiff filed a lawsuit against the Defendant for the cancellation of the registration of the establishment of the establishment of the neighboring district court (No. 2017Kadan101292).

On July 13, 2017, the above court rendered a judgment dismissing the Plaintiff’s claim.

B. The Plaintiff appealed as Suwon District Court 2017Na70632, but the said appellate court dismissed the Plaintiff’s appeal on November 30, 2017.

The plaintiff appealed to the Supreme Court Decision 2017Da29024 Decided March 29, 2018, but the Supreme Court dismissed the appeal, which became final and conclusive.

C. On November 5, 2018, the Plaintiff asserted the same ground for retrial as the instant claim regarding the judgment rendered by Suwon District Court Decision 2017Na70632, and filed a lawsuit for retrial with Suwon District Court 2018Na249 (hereinafter “the instant judgment on retrial”) but was dismissed on July 25, 2019 (hereinafter “the instant judgment on retrial”). Although the Plaintiff filed a second appeal on October 17, 2019, the final appeal was dismissed, and the instant judgment on retrial became final and conclusive.

On November 5, 2019, the Plaintiff filed for a new trial on the instant judgment subject to a new trial.

2. The plaintiff's assertion and judgment

A. In the summary of the argument, the judgment subject to a retrial should be revoked, since Gap evidence No. 21-1 and No. 21 submitted by the Plaintiff was unfairly rejected.

B. Article 451(1) of the Civil Procedure Act provides that a lawsuit for a retrial may be instituted against “a final judgment finalized.” A final judgment established in a lawsuit for retrial falls under “a final judgment finalized” as referred to in the said provision, and thus, if there exist grounds for retrial as prescribed in the said provision on a final judgment that became final and conclusive, a lawsuit for retrial may be instituted against the final and conclusive judgment (see, e.g., Supreme Court Decision 2013Da17124, Dec. 23, 2015). However, the Plaintiff is entitled to bring a lawsuit for retrial against the instant judgment subject to retrial.