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1. Among the lawsuits for retrial of this case, the part of claims based on the grounds for retrial under Article 451(1)9 of the Civil Procedure Act is based on.
Reasons
1. The following facts are apparent in records:
As the Daegu District Court 2013Gahap4917, the Plaintiff and the first instance trial co-defendant E, F, G (hereinafter “G”), H, and I (hereinafter “Defendant et al.”) entered into an agreement with the Daegu District Court J [K, L, and M (Dual) in relation to the real estate auction and the distribution of dividends to be paid by Defendant et al. to the Plaintiff (hereinafter “instant agreement”), the Defendant et al. and five (5) were liable to pay the said money to the Plaintiff with the agreed amount among the dividends to be paid by Defendant et al. in relation to the distribution of real estate auction and the Daegu District Court 2012Gahap8172, and the Defendant et al. and five (hereinafter “instant agreement”). The Defendant et al. were jointly Defendant C and D were co-defendants of the first instance trial with the authority to receive dividends and pay dividends to the Plaintiff upon receipt of dividends to be paid by Defendant et al. and five (5).
On June 25, 2015, the court of first instance rendered a favorable judgment of the Plaintiff on June 25, 2015, ① with respect to the Plaintiff’s non-indicted 5 and others except G, the Plaintiff and the non-indicted 5, the Plaintiff and the non-indicted 2012Gahap8172 agreed that the Plaintiff shall withdraw the lawsuit against the non-indicted 2012, among the cases of demurrer against distribution, and pay the amount of each agreement to the Plaintiff on the condition that the non-indicted 5 and the non-indicted 5 receive dividends. After then, the Plaintiff withdrawn the lawsuit against the non-indicted 5, and the non-indicted 5 received each dividend through D with the authority to receive dividends, and the Plaintiff and the non-indicted 5 were represented by the non-indicted 5 with respect to the preparation of the instant agreement and the decision on the amount of dividends for auction and the amount of the agreement.