1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The Plaintiff asserted that the Plaintiff filed a lawsuit seeking restitution after cancelling the sales contract for the instant real estate concluded between C and the Defendant with the claim for the settlement amount against C as the preserved bond.

The judgment subject to a retrial rendered a judgment against the Plaintiff on the ground that there is no preserved claim against C.

However, since the Plaintiff’s statement about the preserved claim against C is false, there are grounds for retrial under Article 451(1)6, 7, and 8 of the Civil Procedure Act in the judgment subject to a retrial.

2. Determination

A. “When a document constituting a ground for retrial under Article 451(1)6 of the Civil Procedure Act, which is a ground for retrial, is forged or altered,” refers to the case where a forged or altered document was adopted as evidence for fact-finding that served as the basis for maintaining the text of the judgment. If the document itself forged or altered is not admitted as evidence for fact-finding of the original judgment, it constitutes grounds for retrial under the above Article of the Civil Procedure Act.

subsection (3) of this section.

(See Supreme Court Decision 91Da27495 delivered on November 10, 1992). The grounds for retrial under Article 451(1)7 of the Civil Procedure Act (see Supreme Court Decision 91Da27495 delivered on November 10, 1992) refer to cases where “when the false statement of a witness became evidence of a judgment” refers to cases where the false statement is provided as direct or indirect material for fact-finding that affects the text of the judgment, and it is probable that if

(see, e.g., Supreme Court Decision 2012Da202307, Apr. 10, 2014; Supreme Court Decision 92Da33695, Nov. 9, 1993). “When a judgment, etc., constituting the basis of a judgment has been changed by any other judgment or administrative disposition” as grounds for retrial under Article 451(1)8 of the Civil Procedure Act refers to cases where a final judgment becomes legally binding, or a judgment, etc., supporting fact-finding at the final judgment is subsequent to a final judgment.