1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts can be acknowledged according to the final records of the judgment subject to review:

The Plaintiff asserted that, even if the Defendant’s employee was unfairly transferred to other remote areas for five years and four months, the housing stability costs were not paid for the remaining three years and four months, and thus, the Plaintiff should be paid KRW 6 million equivalent to the housing stability costs for the remaining three years and four months. The Plaintiff filed a lawsuit seeking compensation against the Defendant under Seoul Central District Court Decision 2014Gada5940419, which dismissed the Plaintiff’s claim on March 5, 2015 (the first instance judgment).

B. The Plaintiff filed an appeal with Seoul Central Court No. 2015Na23009, and the said court rendered a judgment dismissing the Plaintiff’s appeal on December 8, 2015 (the subject judgment on review).

C. Although the Plaintiff appealed by Supreme Court Decision 2015Da254811, the judgment subject to a retrial became final and conclusive by rendering a judgment dismissing the Plaintiff’s final appeal on April 15, 2016.

2. Whether a lawsuit for retrial is lawful;

A. The Defendant alleged the Plaintiff’s assertion that “after paying accommodation expenses for two years to the Plaintiff, there was no separate claim for housing stability expenses from the Plaintiff” (hereinafter “the instant additional answer”). The Defendant did not have an obligation to pay housing stability expenses for two years, even though the Plaintiff was unfairly transferred to the Plaintiff and was unable to receive housing stability expenses, there was a ground for retrial corresponding to Article 451(1)9 of the Civil Procedure Act, which constitutes “when there was no judgment on important matters that might affect the judgment” under Article 451(1)9 of the Civil Procedure Act.

B. In light of the proviso of Article 451(1) of the Civil Procedure Act, the judgment of the court of final appeal that became final and conclusive on the ground of appeal cannot be brought to the court below for a retrial. The records are as follows.