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 are remarkable or obvious in records in this court:

The Plaintiff filed a lawsuit against the Defendants for the revocation of a fraudulent act, etc. under the Suwon District Court’s Sung-nam Branch 2010Da39672, 2011Gadan5188, 2011Gadan9890, and the said court rendered a judgment dismissing the Plaintiff’s claim on May 1, 2013.

B. As to this, the Plaintiff filed an appeal under the Suwon District Court 2013Na20387, 2013Na20400 (Joint) and 2013Na20394 (Joint). On November 7, 2013, the said court rendered a judgment subject to a retrial, which dismissed both the Plaintiff’s appeal against the Defendants and the Plaintiff’s primary claim and the conjunctive claim against the Defendant B expanded and added in the appellate trial.

C. The Plaintiff re-appellanted and appealed by Supreme Court Decision 2013Da9836, 2013Da99843, 2013Da9840 (Joint) and 2013Da9850 (Joint). However, the Supreme Court rendered a judgment dismissing the Plaintiff’s appeal on March 27, 2014, and the judgment served on the Plaintiff on March 31, 2014, the instant judgment subject to a retrial became final and conclusive.

2. Determination on the legitimacy of a retrial suit

A. The purport of the Plaintiff’s assertion is that there exist grounds for a retrial under Article 451(1)7 and 9 of the Civil Procedure Act in the judgment subject to a retrial, and the said judgment must be revoked.

B. According to Article 451(1)7 of the Civil Procedure Act regarding the grounds for retrial under Article 451(1)7 of the Civil Procedure Act, the grounds for retrial are “when the false statement by a witness, appraiser, or interpreter, or the false statement by a party or legal representative based on the party’s examination, becomes evidence of the judgment.” However, even in this case, a suit for retrial is instituted only when “when the judgment of conviction against an act subject to punishment becomes final or a final judgment of conviction cannot be rendered for reasons other than lack of evidence” under Article 451(2) of the same Act. As such, the grounds for retrial under Article 451(1)7 of the same Act as to