1. The defendant's petition for retrial against the plaintiff (the defendant for retrial) is dismissed.

2. The costs of retrial shall be paid.

1. On December 29, 2016, the Plaintiff, who became final and conclusive in the judgment subject to a retrial, filed a lawsuit claiming the return of lease deposit with the Cheongju District Court Decision 2016Da19503, thereby going through service by public notice, and was sentenced to a judgment in favor of the Plaintiff on April 28, 2017, and the fact that the judgment subject to a retrial became final and conclusive on May 16, 2017 is apparent in records.

2. The Plaintiff asserts that the Defendant’s request for retrial of this case was unlawful as it was filed after the period for filing a retrial was expired.

According to the records of this case, the judgment on the refund of the purchase price (2016Gahap20654), which the Plaintiff used as the ground for retrial, was rendered on November 9, 2017, and the other party did not appeal and became final and conclusive on November 29, 2017. The Defendant filed a lawsuit for retrial of this case around December 25, 2017, which was 30 days before the 30th day from the judgment, and thus, the Plaintiff’s above assertion is without merit.

3. Determination on the grounds for retrial

A. The judgment subject to a retrial by the Plaintiff was rendered on the premise that he/she had ownership in relation to the building D located in Yeongdeungpo-gu, Chungcheongnam-gu. However, on November 9, 2017, Cheongju District Court 2016Gahap20654, which was brought by the Defendant against E and C, the sales contract was lawfully revoked upon winning a favorable judgment by the Defendant, and accordingly, the lease contract with the Plaintiff that the Defendant succeeded as the owner was revoked as a matter of course. Thus, there exists grounds for retrial under Article 451(1)8 of the Civil Procedure Act.

B. “Where a judgment, which forms the basis for a retrial under Article 451(1)8 of the Civil Procedure Act, has been changed subsequent to a judgment that forms the basis for a retrial, refers to the time when the judgment, which forms the basis for the judgment subject to retrial, has been changed in the event that a fact-finding was conducted by invoked the judgment that constitutes the basis for the judgment subject to retrial. As seen earlier, the judgment subject to a retrial of this case was initiated by public notice, and the Plaintiff