1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts are apparent in the records of the judgment subject to a retrial:

The Plaintiff filed a lawsuit against the Defendant, such as the delivery of a building on the ground of termination of the lease agreement, as stated in the purport of the claim (Supreme Court Decision 2013Da9917). On August 30, 2013, the above court rendered a judgment accepting all the Plaintiff’s claims.

B. Although the Defendant appealed against the above judgment of the first instance court and filed an appeal with the said court (Supreme Court Decision 2013Na5725, supra), the said court rendered a judgment subject to a retrial to dismiss the Defendant’s appeal on July 9, 2014, and subsequently appealed to the Supreme Court (Supreme Court Decision 2014Da52872, Oct. 30, 2014), the Supreme Court rendered a judgment dismissing the Defendant’s appeal and became final and conclusive as it became final and conclusive.

2. Whether the lawsuit for retrial of this case is legitimate

A. Defendant’s assertion 1) As the judgment subject to a retrial is based on evidence of evidence No. 1 and No. 2, a forged contract, and thus, there exist grounds for retrial under Article 451(1)6 of the Civil Procedure Act in the judgment subject to a retrial. 2) Since the judgment subject to a retrial is based on the Plaintiff’s false statement, the judgment subject to a retrial is a ground for retrial under Article 451(1)7 of the Civil Procedure Act.

3) As a result, the judgment subject to a retrial omitted a judgment on the Defendant’s assertion of forgery that the Plaintiff voluntarily prepared the evidence Nos. 1-1 and 2, there exist grounds for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial under Article 451(1)6 of the Civil Procedure Act. According to Article 451(2) of the grounds for retrial under Article 451(1)6 of the Civil Procedure Act, in the case of grounds for retrial under Article 451(1)6 of the Civil Procedure Act, only when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive, or when a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered due to reasons other than lack of evidence, a retrial