1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. Following the conclusion of the judgment subject to a retrial, the following facts do not conflict between the parties, or are significant in this court.

On June 9, 2014, the Plaintiff filed a lawsuit against the Defendant seeking confirmation of invalidity of the decision on the ownership of a house for sale in lots as the Changwon District Court 2014Guhap1237.

On August 14, 2014, the first instance court rendered a judgment dismissing the plaintiff's claim on the grounds that there is no evidence to prove that there is a serious and obvious defect in the defendant's disposition.

B. The Plaintiff filed an appeal with Busan High Court (Chowon) No. 2014Nu345, but the appellate court rendered a judgment to dismiss the Plaintiff’s appeal by citing the reasoning of the first instance judgment on April 29, 2015. The judgment subject to a retrial became final and conclusive around that time.

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

A. Since the gist of the Plaintiff’s assertion was found that there was a new evidence that failed to examine the original judgment, there exists a ground for retrial that constitutes “when documents and other articles constituting evidence of the judgment have been forged or altered” under Article 451(1)6 of the Civil Procedure Act.

B. According to Article 451(2) of the Civil Procedure Act, in the case of Article 451(1)4 through 7 of the Civil Procedure Act, a suit for retrial may be filed only when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive, or when a final and conclusive judgment of conviction or a final judgment of imposition of a fine for lack of evidence cannot be rendered for reasons other than lack of evidence. However, in the instant case, there is no evidence to prove that the Plaintiff’s assertion that the grounds for retrial under Article 451(1)6 of the Civil Procedure Act have satisfied the requirements under Article 451(2) of the same Act, and the Plaintiff’s assertion

On the other hand, a lawsuit on a final and conclusive judgment shall be allowed only when there is a ground for retrial under Article 451(1) of the Civil Procedure Act.