1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. On March 19, 2013, the Plaintiff filed a lawsuit against the Defendant for a claim for the delivery of land, etc. with the Changwon District Court 2013da7113. On September 3, 2014, the first instance court rendered a judgment accepting the Plaintiff’s claim on September 3, 2014, and appealed as Changwon District Court 2014Na10964 upon the Defendant’s appeal. However, the appellate court rendered a judgment dismissing the Defendant’s appeal on June 9, 2015 (hereinafter “the final judgment on review”), and the appellate court appealed as Supreme Court Decision 2015Da51807 upon the Defendant’s objection, but the Supreme Court appealed on November 27, 2015, the fact that the final judgment on a retrial became final and conclusive by dismissing the Defendant’s appeal due to a trial failure on November 27, 2015 is apparent in the record or obvious.

2. The Defendant asserts that there exists a ground for retrial under Article 451(1)6 of the Civil Procedure Act in the judgment subject to a retrial, since the evidence No. 1 (a complete certificate and land cadastre) as evidence of the judgment subject to a retrial was forged.

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,” a ground for retrial.

In such cases, a lawsuit for retrial may be brought pursuant to paragraph (2) of the same Article only where “when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive or it is impossible to make a final and conclusive judgment of conviction or a fine for negligence for lack of evidence”

If the requirements are not met, the litigation for retrial shall be dismissed as it is unlawful.

(See Supreme Court Decision 2006Da14462 Decided September 14, 2006). There is no evidence to prove that the Defendant was unable to make a final and conclusive judgment of conviction or imposition of a fine for negligence for reasons other than lack of evidence when the judgment of conviction or a final and conclusive judgment of imposition of a fine for negligence became final and conclusive in connection with the whole certificate of registered matters or

Article 451(2) of the Civil Procedure Act.