1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, and.

1. The Plaintiff filed a lawsuit against the Defendant for the confirmation of the existence of the obligation with the Busan District Court Branch 2013Kadan20330, which was sentenced to a favorable judgment on June 19, 2013. The Defendant appealed with the Busan District Court 2013Na41919 but was sentenced to the dismissal of appeal on April 3, 2014. The Defendant filed a final appeal with the Supreme Court 2014Na209142, but the Defendant again filed a final appeal with the Supreme Court on July 10, 2014, and the fact that the Defendant was sentenced to the dismissal of appeal on July 10, 2014 is apparent or obvious in the record.

2. We examine the case, and Article 451(3) of the Civil Procedure Act provides that the appellate court shall not institute a lawsuit for retrial against the judgment of the first instance in the case where the appellate court rendered a judgment on the merits of the case. Thus, in the case where the appellate court rendered a judgment on the dismissal of an appeal on the final judgment of the first instance, the subject matter of retrial is not the judgment of the

However, even though the appellate court rendered a judgment on the merits against the judgment of the court of first instance, the lawsuit of this case is unlawful as it is subject to retrial.

In addition, in order to file a lawsuit on a final and conclusive judgment, there should be grounds for a retrial under Article 451(1)1 through 11 of the Civil Procedure Act. The defendant does not clearly specify what grounds for a retrial exist. Even if ex officio examination is conducted, the evidence presented by the defendant alone cannot be deemed to constitute grounds for a retrial in the judgment subject to retrial

Therefore, the lawsuit of this case is unlawful in this respect.

3. If so, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.