1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

1. The following facts can be acknowledged according to the final records of the judgment subject to a retrial.

A Asian Trust Co., Ltd. filed a lawsuit against the Defendant against this Court No. 2010da2320, which sought the removal of the building, delivery of the land, and the return of unjust enrichment equivalent to the rent, and the Plaintiff succeeded to the Asian Trust Co., Ltd., and the said court rendered a judgment accepting the above claim (hereinafter “the first instance judgment”) on December 23, 201.

B. As to this, the Defendant filed an appeal. On November 15, 2013, the above court revoked part of the part of the claim for return of unjust enrichment in the first instance judgment, and dismissed the Plaintiff’s claim corresponding thereto, and rendered a judgment dismissing the remainder of the Defendant’s appeal (hereinafter “the judgment on review”). The Defendant appealed as Supreme Court Decision 2014Da6152, but the Supreme Court dismissed the appeal on April 30, 2014, and the judgment subject to review became final and conclusive.

2. However, the defendant asserts that there is a ground for a retrial under Article 451(1)9 of the Civil Procedure Act, which states that the judgment subject to a retrial omitted a judgment on important matters that may affect the judgment, but the evidence submitted by the defendant alone is insufficient to recognize it, and there is no evidence to acknowledge it differently.

In addition, Article 451(1) of the Civil Procedure Act provides that "any of the following cases may file a lawsuit for retrial against a final and conclusive judgment: Provided, That this shall not apply where the parties have asserted the grounds by an appeal, or do not know it, even if they have known it," and Article 451(1) of the Civil Procedure Act provides that "when the judgment on important matters that may affect the judgment has been omitted" as

However, in light of the proviso of Article 451(1) of the Civil Procedure Act, a suit for a retrial cannot be filed against the final and conclusive judgment that is alleged as the grounds for appeal.