1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

1. On February 10, 2015, the above court rendered a judgment against the Plaintiff against which the Plaintiff dismissed the Plaintiff’s claim on February 10, 2015 (hereinafter “the judgment subject to review”) against the Defendant as to the case subject to a final judgment subject to review, which the Plaintiff filed against the Defendant, and the fact that the judgment subject to review became final and conclusive is apparent in the record as it did not file an appeal by the Plaintiff.

2. The plaintiff's assertion as to the grounds for retrial and its determination

A. The plaintiff's assertion ① The defendant-appellant of the case subject to a retrial was involved as the defendant's attorney in the case subject to a retrial without being delegated the power of attorney from the defendant. The judgment subject to a retrial has grounds for retrial under Article 451 (1) 3 of the Civil Procedure Act.

② The Defendant of the case subject to re-adjudication lost the Defendant itself because “the Defendant was ordered to submit a certificate of personal seal impression issued directly by the Defendant to the attorney at his/her own proxy,” and the Defendant was also aware of a reply. Therefore, even though a legal provision was established that the judgment subject to re-adjudication may be rendered without pleading in cases where the defect cannot be corrected due to an unlawful lawsuit under Article 219 of the Civil Procedure Act, even though the judgment for re-adjudication was concluded, there was a ground for retrial falling under Article 451(1)9 of the Civil Procedure Act.

B. Inasmuch as a lawsuit for retrial on a final judgment that became final and conclusive is permitted only when there exist grounds for retrial as stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act, the lawsuit for retrial is unlawful if the ground alleged by the Plaintiff

(1) Article 451(1)3 of the Civil Procedure Act provides that “When there is any defect in granting a legal representation right, powers of attorney, or power of attorney necessary for conducting procedural acts,” a judgment subject to a retrial shall be deemed to fall under the category of “when there is any defect in granting a legal representation right, powers of attorney, or power of attorney necessary for conducting procedural acts.”