1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

1. Basic facts

A. On December 22, 2016, the Plaintiff asserted that “B, while proposing that B purchase forest and fields together with the Plaintiff, acquired the price of KRW 90,00,000 by deceiving the Plaintiff, and the Defendant, as the spouse of B, conspireded or aided the criminal act of defraudation,” and filed a lawsuit seeking payment of KRW 90,000,000 against the Defendant and B as the court heading 2016Ga218128.

B. On December 19, 2017, the foregoing court rendered a judgment that accepted the Plaintiff’s claim against B by deeming the confession, and that the Defendant’s claim against the Defendant was dismissed (hereinafter “the subject judgment on reexamination”), and the said judgment became final and conclusive on February 6, 2018.

C. Meanwhile, around July 2016, the Plaintiff filed a complaint against the Defendant and B on the charge of fraud. However, on August 24, 2017, the Plaintiff rendered a decision of suspension of prosecution and suspension of reference against the Defendant.

Daegu District Prosecutors' Office (2017No. 3760), d.

Since then, the above accusation case was revealed in B's location, and the investigation was conducted again (Seoul District Public Prosecutor's Office 2018No. 387), and the defendant and B were prosecuted as a crime of fraud in the Daegu District Court on July 30, 2018 and currently pending trial.

(Reasons for Recognition) The fact that there is no dispute over the Daegu District Court racing Support 2018 Godan523. [Ground for Recognition], the entry of Gap evidence 8 and 9, the fact that is significant or obvious to the record in this Court, and the purport of the whole pleadings.

2. Inasmuch as a non-prosecution disposition (administrative disposition) against the Defendant and B, which served as the basis for the Plaintiff’s grounds for a retrial, was changed to a prosecution after the judgment subject to a retrial became final and conclusive, the grounds for a retrial under Article 451(1)8 of the Civil Procedure Act constitute “when the judgment of civil or criminal cases, or any other judgment or administrative disposition, which served as the basis for the judgment, was changed to

3. Determination as to the existence of a ground for retrial

A. The judgment of a civil or criminal case, which is the basis for a retrial under Article 451 (1) 8 of the Civil Procedure Act, is the relevant legal doctrine, and others.