1. The lawsuit of this case shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (the plaintiff, the appointed party).

① The Plaintiffs filed a lawsuit against the Defendant seeking damages equivalent to KRW 8,254,00,00 for damages and damages for delay thereof (Seoul Western District Court 201Gadan47049) by asserting that the damage was incurred due to the construction of the Defendant’s new building, which was owned by the Defendant, and the said court rendered a ruling dismissing all the Plaintiffs’ claims on February 13, 2015 (Re-adjudication). ② Although the Plaintiffs appealed (this Court 2015Na1530), the appellate court rendered a ruling dismissing the Plaintiffs’ appeal on November 12, 2015, the appellate court rendered a ruling dismissing the Plaintiffs’ appeal on November 12, 2015. While the Plaintiffs filed a second appeal, the Supreme Court rendered a final judgment dismissing the judgment of final judgment on March 10, 2016, which became final and conclusive as it is.

The plaintiffs filed a lawsuit for the retrial of this case by asserting that there exists a ground for retrial as stated in the judgment subject to a retrial, and according to Articles 451(3) and 453(2) main text of the Civil Procedure Act, a lawsuit for the retrial against a judgment rendered by a court having different levels of jurisdiction over the same case shall be placed under the jurisdiction of the higher court, and when the appellate court rendered a judgment on the merits of the case, the appellate court cannot bring a lawsuit for retrial against the judgment of the first instance. As seen earlier, the appellate court rendered a judgment on the merits of the

(1) The plaintiffs filed a lawsuit for retrial as to the above appellate judgment by this Court 2016Na68). If so, the plaintiffs' lawsuit for retrial is unlawful and thus, it is so decided as per Disposition.