1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Plaintiff (Plaintiff).

purport, purport, ..

1. Whether the litigation for retrial of this case is legitimate

A. Reopening of procedure can only be brought against a final judgment that has become final and conclusive, a lawsuit for retrial against a final and conclusive judgment is unlawful, and a lawsuit for retrial is not legitimate even if the judgment becomes final and conclusive between the lawsuits filed before the final and conclusive judgment becomes final and conclusive.

(2) The judgment subject to a retrial was rendered on November 19, 2015, and became final and conclusive on December 11, 2015. The instant lawsuit filed on December 4, 2015, prior to the final and conclusive judgment subject to a retrial, is apparent in the records. As such, the instant lawsuit for a retrial is unlawful and its defects cannot be corrected.

B. In addition, the Plaintiff submitted an amendment to the effect that on March 16, 2016, the Plaintiff issued an order of correction on March 11, 2016, which ordered correction of the insufficient amount of stamp within seven days from the date of service, and on March 20, 2016, the Plaintiff did not have any reason to correct the shortage due to the application for quasi-examination of this case, and the Plaintiff did not comply with the above order of correction until now. In this respect, the instant lawsuit for retrial is unlawful.

[However, as the petition for retrial was already served on the Defendant, it is reasonable to dismiss the instant lawsuit by judgment (see, e.g., Supreme Court Order 81Ma275, Nov. 26, 1981).

Supplementaryly, in light of the Plaintiff’s assertion on the grounds of quasi-examination as to the above purport of the claim, purport of appeal, and the purport of the request for review, the judgment on the direction of the lawsuit, including the ruling on the issuance of evidence in the litigation procedure subject to a retrial, may bring an objection against the legitimacy of the judgment through the appellate court on the merits, not by the independent objection. Thus, the judgment on the direction of the lawsuit does not constitute an independent decision or order, regardless of the ruling or order having the nature of final judgment, or final