All of the lawsuits for retrial of this case shall be dismissed.

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

purport, purport, ..

1. The following facts are apparent in records:

The Plaintiff asserted that the Defendant, while carrying out construction works, laid rocks and gravels into the land near the greenhouse in which the Plaintiff cultivated the sloping mushroom (hereinafter “instant land”), destroyed electric wires and waterway pipes without permission, and that as a result, the Plaintiff did not supply the sloping trees cultivated by the Plaintiff, thereby causing the damage to the Plaintiff’s death, and filed a lawsuit against the Defendant claiming profits from the sale of the sloping mushroom, the expenses required for the growing sloping mushroom, and the damages for delay thereof. On February 16, 2012, the first instance court rendered a judgment dismissing the Plaintiff’s claim.

B. Accordingly, the Plaintiff was dissatisfied with the judgment of the first instance court and appealed as 2012Na2685, and the said court rendered a judgment dismissing the Plaintiff’s appeal on May 10, 2013, which became final and conclusive on June 8, 2013.

2. The plaintiff's ground for retrial

A. The grounds for retrial under Article 451(1)7 of the Civil Procedure Act rejected the Plaintiff’s claim by relianceing the witness K’s false testimony.

B. On September 5, 2010, the judgment subject to a retrial under Article 451(1)9 of the Civil Procedure Act did not render a judgment or erroneous judgment as to the Plaintiff’s assertion that a vehicle could not pass on the land of this case.

3. Determination

A. According to Article 451(1)7 of the Civil Procedure Act concerning the grounds for retrial under Article 451(1)7 of the Act, a retrial suit may be filed only when a judgment of conviction or judgment of imposition of a fine for negligence becomes final and conclusive or a final and conclusive judgment of conviction or fine for negligence cannot be rendered for reasons other than lack of evidence in the case of grounds for retrial under Article 451(1)6 and 7 of the same Act.

Therefore, the grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act are the same.