1. All of the lawsuits filed by the Defendant (Plaintiff for Retrial) against the Plaintiff (Defendant for Retrial) shall be dismissed.

2. The costs of retrial shall be paid.

1. Following the conclusion of the judgment subject to a retrial, the following facts are apparent in records or obvious to this court.

On April 21, 2017, in Gwangju District Court 2016Kadan507678, which filed against the Defendant by the Plaintiffs, this Court rendered a judgment against the Plaintiffs in entirety (hereinafter “the first instance judgment”).

B. The Plaintiffs appealed against this and the Gwangju District Court 2017Na55137, and this Court accepted the Plaintiffs’ appeal on August 24, 2018 and rendered a judgment that accepted the primary claim of the Plaintiffs (hereinafter “the judgment on review”).

C. The Defendant, who was dissatisfied with the judgment subject to a retrial, appealed by Supreme Court Decision 2018Da265164, but the final appeal was dismissed on December 27, 2018 due to the failure to hold a trial, and on December 28, 2018, the judgment subject to a retrial became final and conclusive after the Defendant’s agent served the original copy of the judgment.

On January 21, 2019, the Defendant brought an action for retrial of this case against the judgment subject to a retrial.

2. Determination on the grounds for retrial

A. Although the defendant alleged that the right to claim for ownership transfer registration under the contract of purchase and sale was extinguished by prescription, the appellate court of this case did not make any judgment on this right and accepted the plaintiff's primary claim. This constitutes an omission of judgment on important matters affecting the judgment, and there is a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act in the judgment subject to retrial.

B. Determination 1) The proviso of Article 451(1) of the Civil Procedure Act (the grounds for appeal may not be brought unless the parties have asserted the grounds by appeal, or have known them to the effect that they did not so.

In light of the provisions of the judgment, the judgment of the court of final appeal which became final and conclusive on the ground of appeal cannot be brought for a retrial, and if there is an omission in the judgment of the court below, the original copy of the judgment shall be served and the reasons for the judgment shall be read.