1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. On August 1, 2007, the Changwon District Court Decision 2005Da15270 decided that the plaintiff filed a final judgment for review against the defendant, which dismissed the plaintiff's claim on August 1, 2007, and the plaintiff filed an appeal under Busan High Court Decision 2007Na16212, but on April 24, 2008, the judgment dismissing both the plaintiff's appeal and the claims extended and added at the appellate court (hereinafter "the judgment for review") was rendered. The plaintiff filed an appeal under Supreme Court Decision 2008Da37407, but the Supreme Court rendered a ruling dismissing the plaintiff's appeal on October 23, 2008, which became final and conclusive on the same day.

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

A. The Plaintiff’s assertion 1) The Plaintiff, the former owner of the instant real estate, died in 1915. However, it is unreasonable to conclude that the Defendant’s overall owner of the instant real estate registration was a valid registration that conforms to the substantive relationship by completing the registration of ownership transfer under the Defendant’s name after completing the registration of ownership transfer on March 27, 1980, accompanied by a written confirmation, etc. for the preparation of the C Myeonbook, and completing the registration of ownership transfer under the Defendant’s name on the same day, and that a forged public document was used in the process, and that affected the conclusion of the judgment subject to a retrial.

B. 1) Article 451(2) of the Civil Procedure Act provides that the grounds for a retrial under Article 451(1)6 of the same Act (if documents or other articles used as evidence of a judgment have been forged or altered, then a lawsuit for retrial shall be filed only when a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive or when a final and conclusive judgment of conviction or of a fine for negligence cannot be rendered for reasons other than lack of evidence.