1. The request for retrial of this case is dismissed.

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

purport, purport, and.

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

The Plaintiff filed a lawsuit against the Defendant (joint representative E, F) seeking the return of deposit money for sales facility No. 24 of D department store No. 201 located in Seo-gu Incheon, Seo-gu, Incheon, which is owned by the Defendant, with the Incheon District Court 2004Gadan222, which accepted the Plaintiff’s claim on May 4, 2004 (hereinafter “the judgment for review”), and the judgment for review was served on the Defendant and finalized around that time.

2. Existence of grounds for retrial

A. At the time of the Defendant’s lawsuit seeking a judgment subject to a retrial, “joint representative E and F” was recorded in the register as the Defendant’s representative at the time of the Defendant’s lawsuit seeking a judgment subject to a retrial. The reason is that, around November 18, 2000, E, the Plaintiff’s Silver, forged the list of shareholders, imitates the qualification as the representative director, prepares the Defendant’s temporary general shareholders’ meeting minutes and the board’s meeting minutes with forgery or qualification, and completed registration using them, and E was sentenced to a criminal final judgment of conviction against these criminal facts.

Therefore, E/F is not a legitimate legal representative of the defendant.

The judgment subject to a retrial was instituted with E/F, who is not a legitimate representative of the defendant, as the joint representative of the defendant, and was served by E, who has no power of representation in the defendant company, and was winning the plaintiff in favor of the plaintiff. This constitutes grounds for retrial under Article 452(1)3 of the Civil Procedure Act (when there is a defect in granting a legal representation right, powers of attorney, or authority necessary for litigation).

B. In order to constitute a ground for retrial under Article 451(1)3 of the Civil Procedure Act, “when there is any defect in granting a legal representation right, powers of attorney, or authority necessary for the procedural acts by a representative,” the unauthorized representative shall be a representative.