1. The plaintiff (the plaintiff)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Plaintiff).

purport, purport, ..

1. The reasoning of the judgment of the court of first instance citing the instant case is as follows, except for the addition of the judgment on the grounds for retrial under Article 451 (1) 8 of the Civil Procedure Act, which the Plaintiff raised to this court under Article 451 (2) as stated in the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of

2. Determination on the grounds for retrial under Article 451(1)8 of the Civil Procedure Act

A. With respect to the Plaintiff’s assertion, the judgment subject to a retrial constitutes “when a civil or criminal judgment or any other judgment or administrative disposition, which served as the basis of the judgment, was altered by a different judgment or administrative disposition” under Article 451(1)8 of the Civil Procedure Act.

B. 1) The phrase “when a civil or criminal judgment or other judgment or administrative disposition, which forms the basis for a cause for a retrial as provided in Article 451(1)8 of the Civil Procedure Act, has been changed by a different judgment or administrative disposition” refers to the case where a final judgment legally binding, or a judgment or administrative disposition, which forms the basis for a retrial as provided in Article 451(1)8 of the same Act, has become final and conclusive, and retroactively changed by another judgment or administrative disposition. Here, the phrase “materials for a fact-finding” refers to the case where a judgment or administrative disposition, which forms the basis for a final judgment, has been adopted as evidentiary materials in the fact-finding of the final judgment, and the said judgment or administrative disposition may affect the fact-finding of the final judgment (see, e.g., Supreme Court Decision 2000Da12679, Dec. 14, 2001).

Therefore, the part concerning the ground of Article 451 (1) 8 of the Civil Procedure Act among the lawsuits for review of this case is also related.