1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. On August 1, 2007, the Changwon District Court Decision 2005Da15270 decided to dismiss the Plaintiff’s claim on August 1, 2007, which was brought by the Plaintiff against the Defendant, and the judgment dismissing both the Plaintiff’s appeal and the Plaintiff’s additional claim at Busan High Court Decision 2007Na16212 on April 24, 2008 (hereinafter referred to as “the judgment of review”) was rendered on April 24, 2008, and again, the Plaintiff filed a final appeal with Supreme Court Decision 2008Da37407, but dismissed the Plaintiff’s appeal on October 23, 2008, which became final and conclusive on the same day.

2. Determination on the legitimacy of the litigation for retrial of this case

A. Although the Plaintiff, the former owner of the instant real estate, had already died in 1915, the Plaintiff’s ground for retrial, which was the overall owner of the instant real estate, the Plaintiff’s ground for retrial constituted grounds for retrial that constitutes “when documents and other items used as evidence for judgment are forged or altered,” under Article 451(1)6 of the Civil Procedure Act, which constitutes grounds for retrial, on March 27, 1980, when the Plaintiff’s association, the overall owner of the instant real estate, completed the registration of ownership transfer under the name of the Changwon District Court under Article 8699 of the receipt of the registration office of Changwon District Court as of March 27, 198, along with a written confirmation, etc. of the Eth page preparation.”

B. According to Article 451(2) of the Civil Procedure Act, in the case of grounds for retrial under Article 451(1)6 of the same Act, a suit for retrial may be filed 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 a final judgment of imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence. Thus, if such requirements are not met, a suit for retrial is unlawful.