1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent or apparent to this court.

The Plaintiff filed a lawsuit against the Defendant for the payment of management expenses as Busan District Court Decision 2014 Ghana34126, and the said court rendered a judgment of the first instance court that dismissed the Plaintiff’s claim on September 23, 2014.

B. Accordingly, the Plaintiff was dissatisfied with the judgment of the first instance court and appealed as Busan District Court 2014Na15924. On April 24, 2015, the said court accepted the Plaintiff’s appeal partially and revoked the part of the judgment of the first instance and rendered a decision of the first instance, and “the Defendant shall pay to the Plaintiff 1,690,420 won and the 1,607,360 won among them, 5% per annum from February 28, 2014 to April 24, 2015, and 20% per annum from the next day to the day of full payment” (hereinafter “the judgment of first instance”). The said judgment became final and conclusive on May 19, 2015.

C. The Plaintiff filed a lawsuit for a retrial against the Busan District Court Decision 2015Na15924 Decided October 8, 2015 (hereinafter “the second review judgment”) with the Busan District Court Decision 2015Na57, the said court rendered a ruling dismissing the Plaintiff’s lawsuit for retrial on October 8, 2015 (hereinafter “the second review judgment”). On November 3, 2015, the said judgment became final and conclusive.

2. The summary of the Defendant’s assertion on the grounds for retrial alleged to the effect that “The Plaintiff’s rules do not correspond to the rules prescribed by the Act on Ownership and Management of Condominium Buildings, and E, appointed pursuant to the above rules, is not a legitimate representative of the Plaintiff.” Since the first and second retrials decision did not make any decision thereon, there were grounds for retrial stipulated in Article 451(1)9 of the Civil Procedure Act in the first and second retrials decision.

3. Determination

A. Article 451(1)9 of the Civil Procedure Act provides that "when the judgment on important matters affecting the judgment is omitted," and the proviso of Article 451(1) provides that "when the judgment is omitted, the grounds for retrial shall be limited". However, the proviso of Article 451(1).