1. The plaintiff's petition for retrial is dismissed.

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

1. A final judgment subject to a retrial (hereinafter “Plaintiff”) filed a lawsuit against the Defendant seeking confirmation of invalidity of a resolution on all the agenda items that was adopted by the residents’ general meeting on October 24, 2009 by this Court 2009Gahap9077, which was enforced by the Defendant on October 24, 2009. This court rendered a judgment dismissing the Plaintiff’s claim on June 25, 2010 (hereinafter “the judgment subject to a retrial”), and the fact that the judgment subject to a retrial became final and conclusive at that time is clearly indicated in the record.

2. Determination as to the existence of a ground for retrial

A. The plaintiff's assertion that the plaintiff was appointed as the chairperson of the defendant by a resolution of the residents' general meeting implemented by the defendant on October 24, 2009 by the defendant on October 15:00. Since the resolution of the residents' general meeting on October 24, 2009 is null and void, the J did not have the right to legitimately represent the defendant at the time of the judgment subject to a retrial. Thus, the judgment subject to a retrial under the premise that the J is a legitimate representative of the defendant is a ground for retrial under Article 451 (1) 3

B. The purport of the Civil Procedure Act stipulating a defect of authority of representation, etc. as grounds for retrial is to protect the party who originally lacks such authority of representation, and thus, it is limited to cases where the other party can benefit by asserting such ground for retrial. Here, where benefit can be received, refers to cases where the previous judgment may be finally changed to the other party’s interest even for reasons other than the defect of authority of representation as above (see, e.g., Supreme Court Decision 2000Da513, Dec. 22, 2000). However, whether the J has the authority to represent the defendant at the time of the judgment subject to retrial, i.e., whether the resolution of the residents’ general meeting that was appointed as the chairman of J as of Oct. 24, 2009 is to be determined within the main issue of the judgment subject to retrial, and thus, it shall be deemed valid until the said resolution becomes final and conclusive through litigation procedures.