1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

1. The following facts are apparent in the records of the judgment subject to a retrial:

On July 22, 2016, the Plaintiff filed a lawsuit against the Defendants for damages and was sentenced to a dismissal judgment (Seoul Central District Court 2016da504903).

On July 28, 2016, the Plaintiff did not appeal even after receiving the above judgment, and the said judgment became final and conclusive on August 12, 2016.

On August 27, 2016, the Plaintiff filed the instant lawsuit.

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

A. There are grounds for retrial under Articles 451(1)7 and 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial by the Plaintiff.

(1) On November 23, 2016, the Plaintiff stated that an omission of judgment on important matters under Article 451(1)9 of the Civil Procedure Act is a cause for retrial only on the date of pleading on November 23, 2016. However, in a preparatory document thereafter, the Plaintiff cited Article 451(1) of the Civil Procedure Act or Article 451(1)7 and 9 of the Civil Procedure Act. As the Plaintiff’s ground for retrial is not clear and does not exist, it is determined only on the grounds specified by the Plaintiff.

Judgment

1) Inasmuch as a lawsuit for retrial on a final judgment that has become final and conclusive is permissible only when there exist the grounds stipulated in Article 451(1) of the Civil Procedure Act, a lawsuit for retrial shall be dismissed as it is unlawful inasmuch as the lawsuit for retrial is not applicable to a case where the ground alleged by the Plaintiff for retrial does not fall under the said grounds (see, e.g., Supreme Court Decisions 83Da22, Mar. 27, 1984; 87DaDa24, Dec. 8, 1987). Article 451(1)7 of the Civil Procedure Act provides that “when the false statement by a witness, appraiser, or interpreter or the false statement by a party or legal representative by the party examination becomes evidence of the judgment,” Article 451(2)7 of the Civil Procedure Act provides that a lawsuit for retrial may be brought in cases where subparagraph 7 of the same Article provides that a final and conclusive judgment of conviction or a final and conclusive