1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. According to the records of the judgment subject to a retrial, the following facts are recognized.

A. On December 22, 2010, the Plaintiff (hereinafter “Plaintiff”) filed a lawsuit against the Defendant (hereinafter “Defendant”) on the claim for ownership verification as to the 1,745 square meters of the Cheongju District Court Decision 2010Da24558, Cheongju-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”), and received a judgment dismissing the Plaintiff’s lawsuit from the said court.

B. The Plaintiff dissatisfied with the above judgment and appealed to this Court No. 2011Na178, but this Court rendered a judgment dismissing the Plaintiff’s appeal on July 22, 2011 (hereinafter “the subject judgment on review”) and became final and conclusive as it is.

2. Existence of grounds for retrial

A. The gist of the Plaintiff’s assertion was that the Plaintiff filed a lawsuit seeking confirmation of ownership on the instant land, but the court forged the official document and changed it into a lawsuit claiming ownership. Therefore, there was a ground for retrial under Article 451(1)6 of the Civil Procedure Act in the judgment subject to retrial.

B. Article 451(1)6 of the Civil Procedure Act provides that “When documents and other articles used as evidence for judgment have been forged or altered,” the grounds for retrial may be determined. However, even in this case, when a judgment of conviction or judgment of imposition of a fine for negligence has become final and conclusive or when a final and conclusive judgment of conviction or a final and conclusive judgment of imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence, a lawsuit for retrial may be instituted only when it is impossible to do so. Thus, if such requirements are not satisfied, the lawsuit for retrial is unlawful and ought to be dismissed without any need to determine the existence of grounds for retrial

However, in relation to the grounds for retrial, the plaintiff can make a final and conclusive judgment of conviction or a final and conclusive judgment of a fine for negligence for reasons other than the lack of evidence.