1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

The Plaintiff (hereinafter “Plaintiff”) filed on May 3, 2018 with Suwon District Court 2018Gahap1196, which was the Suwon District Court 2018Gahap1196, for the confirmation of the invalidity of the instant election that was decided as the elected person, but the said court dismissed the Plaintiff’s claim on May 22, 2019.

B. On October 24, 2019, the Plaintiff appealed to the Suwon High Court No. 2019Na70 (case subject to review). On October 24, 2019, the said court rendered a decision subject to review to dismiss the Plaintiff’s appeal, and the original copy of the judgment was served on the Plaintiff on the same day.

C. The Plaintiff appealed to the Supreme Court Decision 2019Da285929 Decided February 6, 2020, but the Supreme Court dismissed the appeal by a trial non-exclusive decision under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal.

2. In the event that the Plaintiff’s assertion that the voting rate in the instant election falls short of the majority, a re-election shall be held in accordance with Article 3 of the Defendant Election Management Regulations and Article 195(1)2 of the Public Official Election Act, but the Defendant’s senior official decided on the elected person by extending the voting period. As such, the instant election is null and void. Although the Plaintiff asserted it in the instant case subject to re-adjudication, the judgment subject to re-adjudication did not determine the judgment. As such, there were grounds for a retrial under Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted

3. The proviso of Article 451(1) of the Civil Procedure Act provides that the parties may not file a lawsuit for retrial, unless they have asserted the grounds for retrial by an appeal, or they did not have known of the grounds for retrial.

In light of the above provisions, the grounds for retrial under Article 451 (1) 9 of the Civil Procedure Act are examined.