1. The defendant's petition for retrial is dismissed;

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

1. The following facts are apparent in records:

On July 15, 2010, as Seoul Western District Court 2010Kadan43668, the Plaintiff filed a lawsuit seeking objection against the Defendant that compulsory execution based on the above notarial deed should be denied, since the notarial deed in the name of the original and the Defendant signed by a notary public law firm D on November 12, 2008 by the original and the Defendant No. 3926, a monetary loan loan agreement No. 3926, 2008, which was signed by the Plaintiff on behalf of the Plaintiff, was null and void.

On December 27, 2011, the first instance court rendered a judgment in favor of the Plaintiff that accepted the Plaintiff’s claim and rejected the compulsory execution based on the above notarial deed.

The defendant appealed against this and appealed as Seoul Western District Court 2012Na956, but the appellate court rendered a judgment dismissing the defendant's appeal on September 14, 2012.

The Defendant appealed to the Supreme Court Decision 2012Da90030, but the appeal was dismissed on December 27, 2012.

B. As to the above appellate judgment, the Defendant filed a lawsuit for retrial with the Seoul Western District Court 2018Ja93 (hereinafter “instant case subject to retrial”) on the ground that “the Plaintiff’s wife B made a false assertion, thereby deceiving the court, and during that process, filed a lawsuit under the Plaintiff’s name without the Plaintiff’s consent, and appointed an attorney, and had him/her conduct the lawsuit.” On February 14, 2019, the said court rendered a judgment dismissing the above lawsuit for retrial on the ground that the Defendant filed a lawsuit for retrial with the same cause for retrial on the same ground as that of the request for retrial on several occasions, which was rejected by the Defendant on the same ground, thereby abusing the right to file a lawsuit for retrial (hereinafter “instant judgment subject to retrial”), and the said judgment became final and conclusive at that time.

2. The defendant's judgment as to the existence of a ground for retrial.