The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

The grounds for request for retrial shall be examined.

In order to file a lawsuit for a retrial against the judgment of the court of final appeal, the litigation proceedings or judgment of the court of final appeal must have the grounds prescribed in each subparagraph of Article 451(1)

The court of final appeal shall not hold a position of fact-finding unless it is a matter of ex officio investigation, but it is only the determination of evidence and the legitimacy of fact-finding by the second instance court which is a fact-finding court, and the facts duly confirmed by the fact-finding

Therefore, as to the forgery and alteration of the documentary evidence under Article 451 (1) 6 of the Civil Procedure Act, the grounds for fact-finding itself, as long as it does not relate to the matters to be examined ex officio, shall not be considered as a ground for retrial against the judgment of the court of final appeal.

(see, e.g., Supreme Court Decision 2014Da1353, Feb. 12, 2015). In this case, the Plaintiff (Plaintiff)’s ground for retrial under Article 451(1)6 of the Civil Procedure Act does not relate to the fact-finding as to the matters to be ex officio in the final appeal, and thus, it cannot be a legitimate ground for retrial.

Therefore, the retrial of this case is dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.