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1. Among the lawsuits for retrial of this case, the part concerning the grounds for retrial under Article 451(1)7 of the Civil Procedure Act shall be dismissed.
Reasons
1. According to the records, the following facts are recognized.
A. On November 11, 2009, the above court rendered a ruling to accept the plaintiff's claim on the main lawsuit and to dismiss the defendant's claim on the counterclaim against the Cheongju District Court Decision 2009Da3527 (main lawsuit), 2009Gadan4 (Counterclaim).
B. On September 3, 2010, the Defendant appealed as the Cheongju District Court 2009Na6739 (principal lawsuit) and 2009Na6746 (Counterclaim), but was sentenced by the above court to dismiss the Defendant’s appeal.
C. On December 23, 2010, the Defendant re-appealed to the above judgment and appealed as Supreme Court Decision 2010Da81636, 2010Da81643 (Counterclaim), but was sentenced to a judgment dismissing the Defendant’s appeal.
The defendant filed a lawsuit on the retrial of the Supreme Court Decision 2009Na6739, 2009Na6746 (Counterclaim) with Cheongju District Court 201Da10783, 201Da107870 (Counterclaim), 201Da10787 (Counterclaim, Consolidation), 201Na1388 (principal lawsuit, consolidation), 201Na145 (Counterclaim, Consolidation). On November 17, 2011, the defendant filed a lawsuit on the retrial of the Supreme Court Decision 201Da107863 (principal lawsuit), 201Da107870 (Counterclaim), 201Da107878 (principal lawsuit, consolidation), 201Da107894 (Counterclaim), 201Da107894 (Counterclaim), 20794). However, the appeal was dismissed on February 9, 2012.
E. On April 16, 201, the Defendant filed a lawsuit for retrial against the Cheongju District Court 201Jace 176 (principal lawsuit), 201Jace 22 (principal lawsuit), 2011 (Counterclaim), 2011Jace 91 (Counterclaim), 2011, or 145 (Counterclaim, Consolidation), which dismissed the Defendant’s request for retrial from the above court (hereinafter “instant judgment subject to retrial”), but the judgment was finalized on May 7, 2013 (hereinafter “instant judgment subject to retrial”).
2. Determination as to the existence of a ground for retrial
A. The summary of the Defendant’s assertion, or the previous decision subject to a retrial, is the Civil Procedure Act (hereinafter “Act”).