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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
1. The following facts are apparent in the records of the judgment subject to a retrial.
On January 10, 2012, the Plaintiff filed a lawsuit against the Defendant on November 24, 2011 against the Plaintiff seeking revocation of a non-competent disposition of a person who rendered distinguished services to the State.
B. The first instance court (Seoul District Court 2012Gudan222) rendered a judgment dismissing the Plaintiff’s claim, and the appellate court (Seoul High Court 2013Nu909) rendered a judgment subject to a retrial dismissing the Plaintiff’s appeal.
The Plaintiff appealed to the judgment subject to a retrial and filed a final appeal, but on January 24, 2014, the final appeal was dismissed, and the judgment subject to a retrial became final and conclusive.
2. Grounds for retrial asserted by the Plaintiff and determination thereof
A. Although the grounds for retrial asserted by the Plaintiff were the beds submitted by the Defendant, the judgment subject to retrial was deemed to have been unjustly recognized.
The plaintiff seeks to prove that the plaintiff suffered from wounds while serving in the military by applying for witness.
Therefore, there are grounds for retrial under Article 451(1)7 of the Civil Procedure Act in the judgment subject to a retrial.
B. The ground for final appeal by the Plaintiff is merely a ground for final appeal that the original judgment erred in finding facts due to a mistake in the preparation of evidence.
In addition, Article 451(1)7 of the Civil Procedure Act, alleged by the Plaintiff as a ground for retrial, provides that “when a false statement by a witness, appraiser, or interpreter, or a false statement by a party or legal representative by a party under a party newspaper, becomes evidence of the judgment,” as grounds for retrial. Article 451(2) of the same Act provides that “In the case of paragraph (1) 4 through 7, a retrial may be instituted only when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive, or when a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence.” Since there is no proof by the Plaintiff on