1. All of the lawsuits filed in the retrial of this case and the lawsuits filed in the trial court shall be dismissed.

2. The costs of retrial shall be paid.

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

On March 25, 2013, the Plaintiff filed a lawsuit for damages against the Defendant on the ground that the Defendant suffered noise and incurred damage to the Plaintiff. On March 25, 2013, the Daejeon District Court rendered a judgment dismissing the instant lawsuit on June 20, 2013.

The plaintiff appealed against the judgment of the court of first instance, and the Daejeon District Court rendered a judgment dismissing the plaintiff's appeal on October 10, 2013.

(2013Na102020). The plaintiff appealed against the above judgment, and the Supreme Court rendered a judgment dismissing the plaintiff's appeal on January 16, 2014 (No. 2013Da21508). The above judgment became final and conclusive as it is.

B. On February 10, 2014, the Plaintiff filed a lawsuit for re-adjudication with the Daejeon District Court 2013Na102020, Daejeon District Court 2013, but was sentenced by the said court to dismiss the lawsuit for re-adjudication on June 17, 2014, and filed an appeal with the Supreme Court 2014Da214847, but the judgment dismissing the appeal became final and conclusive on September 26, 2014.

C. On March 9, 2015, the Plaintiff filed a new suit for retrial under Article 451(1)6 of the Civil Procedure Act by asserting that there was a ground for retrial under Article 451(1)6 of the Daejeon District Court Decision 2013Na102020, the Plaintiff was sentenced to a dismissal judgment on September 11, 2015 on the ground that the Plaintiff abused the right of action or did not meet the lawful requirements for retrial (hereinafter “instant judgment subject to retrial”), and the judgment subject to retrial became final and conclusive on October 6, 2015.

2. The Plaintiff asserts that there exists a ground for retrial under Article 451(1)5 of the Civil Procedure Act in the judgment subject to a retrial, as to the legitimacy of the litigation of this case.

However, the exercise of the right to trial is also in good faith to protect the other party and to secure judicial function.