1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, and.

1. The following facts of recognition are apparent to be recorded:

On February 17, 2009, the Plaintiff filed a claim against the Defendant for the delivery of a building and the payment of rent for the instant case subject to reexamination (2008da374517), and the Defendant was served by means of service by public notice and the pleading was proceeded, and the judgment subject to a retrial citing the Plaintiff’s claim was pronounced.

B. The Defendant submitted a written appeal for the subsequent completion on March 23, 2009 for which the appeal period expired, but failed to file an application for designation of the date for preparatory pleadings (Seoul Central District Court 2009Na10835, Jul. 13, 2009 and July 27, 2009) of each of the appellate proceedings (Seoul Central District Court 2009Na10835).

Since then, the Defendant applied for the designation of the date to reach the date on February 2016. However, on May 26, 2016, the said appellate court rendered a judgment declaring that “the instant lawsuit was deemed to have been withdrawn by the Defendant on August 28, 2009,” the said appellate court rendered a declaration of termination of the lawsuit.

C. The Defendant dissatisfied with the above appellate judgment and appealed on June 1, 2016 (Supreme Court Decision 2016Da24031), but the Defendant’s appeal was dismissed on September 9, 2016.

(Final) D.

On September 13, 2016, the Defendant submitted a written appeal for subsequent completion on September 13, 2016, which is subject to the instant judgment subject to a retrial, and filed a lawsuit for further review on the same day.

On October 21, 2016, the appellate court (Seoul Central District Court 2016Na58897) issued an order to dismiss the petition for the main appeal on October 21, 2016.

2. Determination on the legitimacy of the litigation for retrial of this case

A. Article 451(1) of the Civil Procedure Act provides, “In any of the following cases, a lawsuit for a retrial may be brought against the final and conclusive judgment: Provided, That this shall not apply where the parties have asserted the grounds by an appeal or have knowingly failed to do so.” Subparag. 9 and Subparag. 11 thereof.