1. The defendant's appeal is dismissed.

2. The Civil Procedure Act added by the defendant (Plaintiff for Review) at the trial.

1. The judgment of the court of first instance, which cited the judgment of the court of first instance, dismissed the ground for retrial under Article 451 (1) 9 and 11 of the Civil Procedure Act, by deeming that the part concerning the ground for retrial under Article 451 (1) 9 and 11 in the lawsuit of this case is unlawful. This part of the judgment of the court, which is the ground for appeal, is as stated in the reasoning of the judgment of the court of first instance, except for adding “The fact that the defendant, through a preparatory document in the above appellate case, did not withdraw from the dispute real estate of this case without refund of deposit for lease on or around September 12, 2008, and that the lessor did not claim for return of unjust enrichment where there was no substantial benefit due to the failure to use or make profit for the purpose of lease.” This part of the judgment of the court of first instance is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that there is a ground for retrial under Article 451 (1) 7 of the Civil Procedure Act, since the judgment subject to retrial was based on the evidence of the plaintiff's false statement, and the judgment for retrial was based on the grounds for retrial under Article 451 (1) 7 of the Civil Procedure Act.

On the other hand, Article 451(1)7 of the Civil Procedure Act provides that "when the false statement by a witness, expert witness, interpreter, or the false statement by a party or legal representative becomes evidence of a judgment," a ground for retrial under Article 451(1)7 of the same Act provides that "when a judgment of conviction or a judgment of a fine for negligence has become final for an act subject to punishment, or when a final judgment of conviction or a final judgment of a fine for negligence cannot be rendered for reasons other than lack of evidence" (Article 421(2) of the Civil Procedure Act), a lawsuit for retrial may be instituted only when the plaintiff made

convictions for reasons other than lack of evidence.