1. Of the lawsuits for retrial of this case, the part on grounds for retrial under Article 451(1)10 of the Civil Procedure Act is excluded.

1. According to the records of this case, the following facts are recognized.

A. On July 9, 2014, the Plaintiff filed a lawsuit against the Defendant for damages by this court’s 2013da4043, and the court of first instance rendered a judgment that partly accepted the Plaintiff’s claim.

B. The Plaintiff and the Defendant filed an appeal against the judgment of the first instance court by this Court No. 2014Na52507. On February 5, 2016, the appellate court rendered a judgment revoking the part against the Defendant in the judgment of the first instance court and dismissing the Plaintiff’s claim corresponding to the revoked part (hereinafter “instant judgment subject to a retrial”).

C. The Plaintiff appealed by Supreme Court Decision 2016Da214704, but the final appeal was dismissed on June 28, 2016, and the instant judgment subject to a retrial became final and conclusive.

2. The plaintiff's assertion

A. In the instant judgment subject to a retrial, there were grounds for retrial falling under Article 451(1)9 of the Civil Procedure Act, as the Plaintiff and the Defendant omitted determination as to whether a real estate sales contract between the Plaintiff and the Defendant constitutes a trade of another person’s right or a designated quantity.

B. Since the instant judgment subject to a retrial is contrary to the contents of a final and conclusive judgment previously rendered (Seoul District Court Decision 2009Gahap2623, Dec. 17, 2010; Seoul High Court Decision 201Na6450, Dec. 17, 2010), there are grounds for retrial falling under “when a final and conclusive judgment previously rendered” under subparagraph 10 of the same paragraph.

3. Determination

A. In a case where the judgment on the grounds for retrial under Article 451(1)9 of the Civil Procedure Act was omitted, the final judgment which became final and conclusive may be brought to a lawsuit for retrial (Article 451(1)9 of the Civil Procedure Act). However, a lawsuit for retrial may not be brought unless the parties have asserted the grounds by an appeal or did not know of the grounds therefor.

Article 451 of the Civil Procedure Act.