1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

1. Confirmation, etc. of the judgment subject to review

A. The Plaintiff filed a lawsuit against the construction of brick mountain with the Seoul Southern District Court Decision 2009Ga20506, and the Seoul Southern District Court Decision 2003Gahap15649, Oct. 5, 2004, against the Plaintiff of Damsan, on the ground that, on May 18, 2010, the Plaintiff filed a lawsuit of demurrer with the Seoul Southern District Court for non-performance of compulsory execution based on the Reconciliation Recommendation Order (hereinafter “Reconciliation Recommendation Order”). However, on May 18, 2010, the above court rejected the Plaintiff’s appeal with the Seoul High Court Decision 274,657,534, and the compulsory execution based on the Reconciliation Recommendation Order as to KRW 250,00,000, which exceeds the rate of 20% per annum from April 15, 2005 to the day of complete payment, but it was thus dismissed by the Plaintiff’s second appeal with the Seoul High Court Decision 2010 or 2014.294.

B. On April 16, 2014, the Act was declared bankrupt by Seoul Central District Court 2014Hahap63, and the Defendant (hereinafter “Defendant”) was appointed as bankruptcy trustee on the same day.

[Grounds for Recognition: Evidence A. 37-1, 2, the purport of the whole pleadings]

2. Determination on the legitimacy of the litigation for retrial of this case

A. Inasmuch as the facts constituting the basis of the Plaintiff’s assertion were modified by the Seoul Central District Court Decision 2010Gahap94965 Decided February 2, 2012, which became final and conclusive separately, the judgment subject to a retrial constitutes grounds for retrial under Article 451(1)8 of the Civil Procedure Act, “when a civil or criminal judgment, or any other judgment or administrative disposition, which served as the basis of the judgment, was altered by a different judgment or administrative disposition.”

B. (1) Determination (1) Article 451(1)8 of the Civil Procedure Act provides that “a civil or criminal judgment based on a judgment or any other judgment or administrative disposition shall be subject to a different judgment or administrative disposition.