1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff (the plaintiff and the selected party).

1. The following facts are apparent in records:

The Plaintiff filed a lawsuit against the Defendant seeking implementation of the procedure for cancellation of ownership transfer registration, as stated in the purport of the claim, under the Daegu District Court resident stay support 2009Kadan2988, as the Plaintiff himself/herself and the designated parties entered in the list of the designated parties, and the said court rendered a judgment dismissing the Plaintiff’s claim on May 9, 2010.

B. On October 7, 2010, the Plaintiff appealed as Daegu District Court 2010Na10823, and the said court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal.

C. The Plaintiff, who was dissatisfied with the judgment subject to a retrial, appealed by Supreme Court Decision 2010Da90104, but the Supreme Court rendered a judgment subject to a retrial on December 23, 2010, became final and conclusive by a final judgment dismissing an appeal.

2. Whether the lawsuit for retrial of this case is legitimate

A. Although Article 451(1)5, 6, 7, 9, and 10 of the Civil Procedure Act applies to the instant real estate asserted by the Plaintiff, E, the nominal owner of the registration of transfer of ownership, which was made on September 19, 200 by the Daegu District Court, was a non-existent compound and thus the above registration becomes null and void, the judgment subject to a retrial is dismissed by citing the judgment of the first instance court. The judgment subject to a retrial has grounds for retrial under Article 451(1)5, 6, 7, 9

B. The grounds for retrial under Article 451(1)5 through 7 of the Civil Procedure Act provide that “The grounds for retrial under Article 451(2) of the Civil Procedure Act may be brought for retrial only when a final judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive on the act of punishment in the case of paragraphs (1)4 through 7, or when a final and conclusive judgment of conviction or a final judgment of a fine for negligence cannot be made on the grounds other than lack of evidence, or when a final and conclusive judgment of conviction or a fine for negligence cannot be made on the grounds other than lack of evidence.”