1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

On September 9, 2015, the Plaintiff filed a lawsuit against the Defendant seeking the return of the lease deposit with the Busan District Court 2015da64113.

On May 25, 2016, the court of first instance rendered a judgment in favor of the Plaintiff that “the Defendant shall pay to the Plaintiff 25 million won with 5% interest per annum from November 12, 2015 to May 25, 2016, and 15% interest per annum from the next day to the day of full payment.”

B. The Defendant appealed with Busan District Court 2016Na45981.

On December 15, 2016, the appellate court rendered a judgment subject to a retrial with the purport that “the defendant’s appeal is dismissed.”

C. The Defendant, who is dissatisfied with the foregoing, filed an appeal by Supreme Court Decision 2017Da200818, but was sentenced by the Supreme Court to dismiss the Defendant’s final appeal on March 30, 2017 due to the trial failure, and the original copy was served on April 7, 2017, and the judgment subject to a final judgment became final and conclusive.

2. Summary of the defendant's assertion

A. The judgment subject to a retrial under Article 451(1)7 of the Civil Procedure Act constitutes grounds for retrial under Article 451(1)7 of the Civil Procedure Act, even though the testimony by a witness G was revealed to be a false statement based on the evidence Nos. 4-1 and 2 of the evidence No. 4-2, and thus, it constitutes grounds for retrial under Article 451(1)7 of the Civil Procedure Act.

B. In light of the facts stated in subparagraphs 4-1 and 2 of Article 451(1)9 of the Civil Procedure Act, the Defendant did not express his/her intent to terminate a lease agreement, and the above lease agreement was not terminated, and the witness G witness of the first instance court omitted the judgment subject to a retrial even though he/she presented his/her perjury.

Therefore, Article 451(1)9 of the Civil Procedure Act constitutes “when a judgment on important matters that may affect a judgment is omitted”.

3. Determination.