1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. On November 29, 2007, the Plaintiff filed a lawsuit against the Defendants with the same content as the purport of the claim under Daegu District Court Decision 2005Kadan25806, and the above court rendered a judgment dismissing all the Plaintiff’s claims against the Defendants. On January 13, 2009, the Plaintiff filed an appeal with the Daegu District Court Decision 2007Na20899. On January 13, 2009, the above court’s judgment of the first instance is modified as follows. Defendant B revised the judgment of the first instance court as follows. Defendant B implemented the procedure for registration of cancellation of ownership transfer registration completed on September 30, 1994 under the receipt of No. 71389 on September 30, 194. The Plaintiff’s remaining claims against Defendant B and Defendant C, and all of the claims against the Plaintiff were dismissed (the final judgment of the Supreme Court was dismissed). Defendant B’s appeal and the final judgment of the Supreme Court became final and conclusive.

2. The Plaintiff alleged that the sales contract and receipt submitted by the Defendant were forged at the appellate court of the Daegu District Court (2007Na20899). However, the appellate court rejected the Plaintiff’s assertion and rendered a judgment subject to a retrial, which became final and conclusive after which the said judgment became final and conclusive. Since the Plaintiff could obtain evidence to acknowledge that the above sales contract and receipt were forged through expert appraisal, the judgment subject to a retrial has grounds for retrial under Article 451(1)6 of the Civil Procedure Act.

3. Determination

A. Article 451(2) of the Civil Procedure Act provides that in the case of Article 451(1)4 through 7 of the Civil Procedure Act, when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive, or for reasons other than shortage of evidence, a final and conclusive judgment of conviction or a fine for negligence cannot be made.