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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, ..
Reasons
1. Following the confirmation of the judgment subject to a retrial, the facts clearly and clearly indicated in this court’s records.
On May 4, 2012, the Plaintiff filed a lawsuit against the Defendant seeking payment of overdue rent, etc. with the Seoul Eastern District Court 2012Kadan24652, and was sentenced from the above court on November 23, 2012, that “the Defendant, a lessee, shall pay to the Plaintiff, a lessor, the lessor for overdue rent, etc. for approximately KRW 30,641,943, and delay damages therefor, for about KRW 35 square meters from the building No. 1,318 square meters above the Seoul Seongdong-gu Factory Site C (hereinafter “instant real estate”).
B. Accordingly, the Defendant appealed by Seoul Eastern District Court Decision 2013Na821 on January 22, 2013, but, on October 16, 2013, received the judgment subject to a retrial that dismissed an appeal from the above court, and the said judgment became final and conclusive on November 6, 2013.
2. The judgment of this Court
A. Article 451(1)8 of the Civil Procedure Act provides that the Defendant’s ground for retrial under Article 451(1)8 of the same Act: (a) the Seoul East Eastern District Court Decision 2017Na32, 2016Na20109 Decided December 23, 2016 (the Seoul East Eastern District Court Decision 2016Na20109 Decided December 23, 2016) rejected the lawsuit for retrial on the ground that the period for filing a retrial expires; (b) however, unlike the above Decision 2016Na20109, the actual lessee of the instant real estate is F Co., Ltd. (hereinafter “F”) and is not the Defendant. Therefore, as a civil judgment that forms the basis for a judgment subject to retrial was modified, there exists a ground for retrial under Article 451(1)8 of the Civil Procedure Act. Meanwhile, the Defendant brought a criminal trial or other administrative disposition under Article 451(1)1(8) of the Civil Procedure Act, which was modified from August 7, 2018, 2018.