1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

1. As to the judgment subject to review, the Plaintiff filed a lawsuit against the Defendant for ownership transfer registration with Daegu District Court Decision 2016Kadan25666, and the said court rendered a judgment dismissing the Plaintiff’s claim on April 5, 2017 (hereinafter “the judgment of the first instance court”), and the said court appealed with the Daegu District Court Decision 2017Na4094 on September 14, 2017, but the said court rendered a judgment dismissing the appeal on September 14, 2017. The Plaintiff appealed with the Supreme Court Decision 2017Da46694 on November 29, 2017, but the said court rendered a judgment dismissing the lower judgment on November 29, 2017, which became final and conclusive by serving the said judgment on the Plaintiff on November 30, 2017.

2. Judgment on the ground for the plaintiff's request for retrial

A. The plaintiff's assertion that the judgment of the first instance court of this case omitted the judgment on important matters that could affect the judgment, and thus, there exist grounds for retrial under Article 451 (1) 9 of the Civil Procedure Act in the judgment of the first instance court, and the defendant delivered false photographs as evidence. Thus, the plaintiff's assertion that the defendant should re-examine the examination of the witness who was not conducted in the first instance court to the effect that it is necessary to re-

B. Article 451(3) of the Civil Procedure Act provides that where an appellate court rendered a judgment on the merits of a case on whether the judgment of the first instance constitutes an original judgment, the appellate court shall not file a lawsuit for retrial against the judgment of the first instance. Therefore, where the appellate court rendered a judgment on the dismissal of an appeal on the final judgment of the first instance, the judgment of the first instance is not subject to retrial but subject

As seen earlier, the judgment of the court of first instance against the plaintiff was rendered in the Health Service, the first instance court of this case, and the fact that the plaintiff appealed and the appellate court rendered a judgment of dismissal of the appeal is identical to that of the above. Therefore, the judgment of the court of first instance of this case is not subject to retrial, but subject to retrial