1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

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

On March 12, 2012, the Plaintiff filed a lawsuit against the Defendant against the Defendant seeking a ruling of denying compulsory execution based on the High Government District Court Decision 2007Kadan29709 Decided November 29, 2007, which rendered the Defendant’s High Government Branch 2012Kadan8973, against the Defendant. On December 6, 2012, the said court rendered a ruling of dismissing the Plaintiff’s claim on December 6, 2012.

B. On January 10, 2013, the Plaintiff appealed with the District Court Decision 2013Na1212, but the said appellate court rendered a judgment dismissing the Plaintiff’s appeal on October 31, 2014 (hereinafter “the said judgment on review”), and the said judgment was served on the Plaintiff on November 14, 2014.

C. On November 27, 2014, the Plaintiff appealed by Supreme Court Decision 2014Da85780 Decided November 27, 2014, but the Supreme Court dismissed the above appeal on March 12, 2015, and the said judgment became final and conclusive on March 16, 2015.

2. Summary of grounds for retrial asserted by the Plaintiff

A. The result of surveying and appraisal that a ground for retrial under Article 451(1)5 through 7 of the Civil Procedure Act is admitted as evidence for a retrial is prepared by the appraiser in a false manner. Since the Plaintiff was obstructed from submitting the means of attack and defense that may affect the judgment due to the act of the appraiser who is subject to criminal punishment, this constitutes grounds for retrial under Article 451(1)5 through 7 of the Civil Procedure Act.

B. The grounds for retrial under Article 451(1)9 of the Civil Procedure Act did not state that the Plaintiff had the right to possess a lot of land 2,359 square meters (hereinafter “instant land”) in Yongsan-gu, Yongsan-gu, Busan-si, and that the Defendant acquired the said land in violation of the Farmland Act, thereby not exercising the right to the said land. The grounds for retrial under Article 451(1)9 of the Civil Procedure Act constitute grounds for retrial under Article 451(1)9 of the same Act.

3. Determination.