1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

The Plaintiff asserts that there exists a ground for retrial that constitutes “when a judgment court is not constituted under the law” under Article 451(1)1 of the Civil Procedure Act, and that there is a ground for retrial that constitutes “when a judgment was omitted on important matters affecting the judgment” under Article 451(1)9 of the Civil Procedure Act.

However, on June 22, 2011, the Plaintiff filed a suit for retrial with respect to a judgment subject to retrial under the same ground as the grounds for retrial in the instant case, but the petition for retrial was dismissed, and the final appeal was dismissed by Supreme Court Decision 2012Da15435, Apr. 26, 2012, but the final appeal was again dismissed on April 26, 2012. On the same ground for retrial, the Plaintiff filed a suit for retrial with respect to the judgment subject to retrial and the Supreme Court Decision 2011Na495, May 17, 2012, under the same ground for retrial, and dismissed the petition for retrial, and the request for retrial was dismissed, and was appealed by Supreme Court Decision 2012Da108351, Feb. 15, 2013, but the final appeal was dismissed on February 11, 2014.

(Record) If so, the petition for review of this case is unlawful because it constitutes abuse of the right of action, even though it had been repeatedly filed two times, and the petition for review of this case had been dismissed.

The suit of this case is unlawful and dismissed.