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 are remarkable or obvious in records in this court:

On December 5, 2013, the Plaintiff filed a lawsuit against the Defendant for the revocation of a fraudulent act, etc. as the Suwon District Court’s Ansan Branch 2012Da34795, and the said court rendered a judgment dismissing the Plaintiff’s claim.

B. Accordingly, the Plaintiff appealed as Suwon District Court 2014Na2270, but the above court rendered a judgment dismissing the Plaintiff’s appeal on August 11, 2014 (hereinafter “the subject judgment on review”) and the above judgment was the same year.

9.2. Finality has been established.

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

A. The Plaintiff asserts to the effect that there is a ground for retrial as stipulated in Article 451(1)9 of the Civil Procedure Act, “when the judgment was omitted on important matters affecting the judgment,” since the Plaintiff omitted a judgment on the most divorced facts between C and the Defendant in the judgment subject to a retrial.”

B. Therefore, according to the proviso of Article 451(1) of the Civil Procedure Act, if a party asserts, or does not know, the grounds for a retrial by an appeal, a retrial cannot be instituted. Here, “when the party does not know,” the term “when he knows,” should be construed to include not only the cases where an appeal was filed but also the cases where the judgment becomes final and conclusive because he/she did not appeal, even though he/she knew that there were grounds for a retrial.

(see, e.g., Supreme Court Decisions 91Da29057, Nov. 12, 1991; 201Da73540, Dec. 22, 2011). Therefore, when the Plaintiff was served with an authentic copy of the judgment subject to a retrial on August 18, 2014, it should be deemed that he was aware of whether there was omission in the judgment subject to a retrial. As long as the Plaintiff did not file a final appeal, and the judgment subject to a retrial became final and conclusive due to the Plaintiff’s failure to file a final appeal.