1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

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

On June 20, 2016, the Plaintiff filed a lawsuit against the Defendant for the registration of ownership transfer against part of the land owned by the Defendant on the ground of prescriptive acquisition and was sentenced to the judgment of the first instance court in favor of the Plaintiff on June 20, 2017.

(2016da220139).2

Although the Defendant appealed against this and filed an appeal, the appellate court rendered a judgment dismissing the Defendant’s appeal by citing the reasoning of the judgment of the first instance on December 14, 2017 (hereinafter “instant judgment subject to a retrial”) (hereinafter “instant judgment subject to a retrial”).

(Court 2017Na35599). Although the Defendant filed a final appeal against this, on February 28, 2018, the instant judgment subject to a final judgment became final and conclusive as it became final and conclusive after the dismissal of the final appeal was sentenced.

(Supreme Court Decision 2018Da201047). [See Supreme Court Decision 2018Da201047, the grounds for retrial in the judgment of the court of first instance are examined. When an appellate court rendered a judgment on the merits of a case, the court of first instance cannot institute a lawsuit for retrial against the judgment of the court of first instance (Article 451(3) of the Civil Procedure Act). According to the records, the defendant is recognized to have the fact that, after submitting the petition of first instance to the court of first instance, the chief of the retrial

However, the facts that the defendant appealed against the judgment of the court of first instance of a lawsuit claiming ownership transfer which the plaintiff filed against the defendant and rendered a judgment dismissing the appeal are as seen earlier, and in such a case, the lawsuit claiming a retrial against the judgment of the court of first instance cannot be subject to the judgment of the court of any instance, and thus, there is no transfer issue

Therefore, this part of the lawsuit against the judgment of the court of first instance which is not subject to a retrial is unlawful.

However, the defendant also entered the judgment of the third court in the judgment of retrial, but according to the records, the defendant is bound to conduct a trial.