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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:
On May 28, 2013, as Jeju District Court 2013Gahap1286, the Plaintiff filed a lawsuit against the Defendant on May 28, 2013, alleging that “A public official, etc. belonging to the Defendant (hereinafter “Defendant”) illegally acquired land divided into B orchard B, 7064 square meters in Jeju-si, Jeju-si, the Plaintiff owned by the Plaintiff, and paid the Plaintiff only the amount of compensation calculated less than the reasonable compensation, the Defendant is obligated to pay the Plaintiff the amount indicated in the purport of the claim corresponding to the difference between the reasonable compensation and the compensation already paid,” and the court of first instance rendered a judgment dismissing the Plaintiff’s claim on January 9, 2014.
B. The Plaintiff appealed against the judgment of the first instance, and the appellate court rendered a judgment dismissing the Plaintiff’s appeal on June 11, 2014.
(C) The judgment subject to a retrial is the subject of the judgment.
Accordingly, the Plaintiff appealed on the instant judgment subject to a retrial, but on August 26, 2014, Supreme Court Decision 2014Da214427 Decided August 26, 201, rendered a final judgment of dismissal of the instant judgment subject to a retrial, and the instant judgment subject
2. Existence of grounds for retrial
A. The plaintiff's assertion that the defendant submitted a forged land cadastre or a certified copy of the register as evidence in the case subject to review, and accordingly, the judgment against the plaintiff was rendered, and such circumstance constitutes grounds for retrial under Article 451 (1) 6 of the Civil Procedure Act.
B. Article 451(1)6 of the Civil Procedure Act provides that “when a document used as evidence for a judgment has been forged,” the grounds for retrial may be deemed one of the grounds for retrial. However, a lawsuit for retrial falling under the grounds prescribed in this context may be instituted only where “when a judgment of a crime is finalized or a final judgment of conviction cannot be rendered for reasons other than lack of evidence” pursuant to Article 4
However, there is a problem.