1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. Following the confirmation of the judgment subject to a retrial, the facts clearly and clearly indicated in this court’s records.

On October 25, 2011, the Plaintiff filed a lawsuit against the Defendant for removal of illegal buildings (Seoul Eastern District Court 201Gadan68341). On January 8, 2014, the said court rendered a judgment of winning part of the Plaintiff that “the Defendant shall pay to the Plaintiff 5,000,000 won and 20% interest per annum from March 8, 2012 to the date of complete payment” with the purport that “the Defendant shall pay to the Plaintiff 5,00,000 won with 20% interest per annum.”

B. The Plaintiff appealed against it (Seoul Eastern District Court 2014Na1333), but the appellate court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal on October 24, 2014, and the judgment subject to a retrial became final and conclusive on November 13, 2014 due to the Plaintiff and the Defendant’s failure to appeal.

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

A. There are grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act in the judgment subject to a retrial for which the result of the Plaintiff’s false evidence submitted by the Defendant and the false appraisal by the appraiser F of the first instance court is evidence.

B. Determination 1) As to the grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act (when a document or any other article as evidence for a judgment has been forged or altered), a lawsuit for retrial may be brought only on the grounds for retrial under Article 451(1)7 (when a false statement by a witness, appraiser, or interpreter or a false statement by a party or legal representative by a party examination has become evidence of the judgment). As such, a lawsuit for retrial may be brought only on “when a conviction judgment, etc. becomes final and conclusive for an act subject to punishment or a final and conclusive judgment, etc. of conviction cannot be rendered for reasons other than lack of evidence” under Article 451(2) of the same Act. If no such requirement is satisfied, the lawsuit for retrial itself is unlawful, and thus, the judgment of conviction shall be dismissed without proceeding to determine the existence of grounds for retrial (see, e.g., Supreme Court Decision 2006Da14462, Sep. 14, 2006).