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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:
The Plaintiff filed a lawsuit against the Defendants on February 9, 201 with Jeju District Court No. 201Gahap2063, and was sentenced to the judgment of the first instance court against the Plaintiff on February 9, 2012. The Plaintiff appealed against the said judgment and filed an appeal under this Court ( Jeju) No. 2012Na428. On December 26, 2012, this Court rendered a judgment to the effect that the Plaintiff dismissed the Plaintiff’s appeal and dismissed and dismissed the Plaintiff’s claim extended in the appellate trial (hereinafter “former judgment”).
In response to the above appellate judgment, the Plaintiff filed an appeal by Supreme Court Decision 2013Da14248, but the Supreme Court rendered a judgment dismissing the Plaintiff’s appeal on May 9, 2013, which became final and conclusive prior to the retrial.
B. On January 20, 2014, the Plaintiff filed a lawsuit for a retrial against the judgment prior to the retrial under this Court ( Jeju) No. 2014Na17, but this Court rendered a judgment dismissing the lawsuit for retrial on June 11, 2014. While the Plaintiff filed an appeal, the said judgment became final and conclusive by the Supreme Court’s dismissal of appeal on September 24, 2014.
C. On November 7, 2014, the Plaintiff filed a lawsuit for reexamination of the previous judgment and the previous judgment ( Jeju) No. 2014Na622, supra, but this court rendered a judgment dismissing the lawsuit for reexamination on April 29, 2015, and the said judgment became final and conclusive.
In other words, on May 29, 2015, the Plaintiff filed a lawsuit for reexamination of the instant judgment ( Jeju) No. 2015Na21, which was rendered by this Court ( Jeju). However, on March 23, 2016, this Court rendered a judgment dismissing the said lawsuit for reexamination (hereinafter “instant judgment subject to reexamination”) and the said judgment became final and conclusive as it becomes final and conclusive.
2. Determination as to the existence of a ground for retrial
A. The gist of the Plaintiff’s assertion is grounds for retrial.