1. The lawsuit of this case shall be dismissed.

2. The litigation costs for retrial shall be borne by an independent party intervenor.

1. The Plaintiff, who became final and conclusive in the judgment subject to a retrial, asserts that, against the Defendant and the Intervenor, the shares listed in the separate sheet, which are registered in the name of the Defendant in the name of the Intervenor, are actually owned by the Plaintiff, and held in title trust. The Plaintiff filed a lawsuit against the Intervenor for each claim against the Intervenor for the transfer of the said shares, and the implementation of the transfer of the said shares. On May 24, 2017, this Court dismissed the Plaintiff’s claim against the Intervenor, and declared a judgment accepting the Defendant’s claim against the Intervenor, and the fact that the said judgment became final and conclusive at that time is significant in this Court

2. The Intervenor’s shares in the attached list of the Intervenor’s assertion are owned by the Intervenor, and the Plaintiff’s claim against the Intervenor was dismissed in the judgment subject to a retrial.

However, the plaintiff's claim against the defendant was accepted because the defendant led to the confession that there is no dispute over the above shares held in title trust. Thus, it is clear that the above shares will be transferred to the plaintiff, and if so, the intervenor suffers irrecoverable damages.

Such confession by the defendant constitutes a ground for retrial under Article 451(1)7 of the Civil Procedure Act, and thus, the part accepting the claim against the defendant among the judgment subject to retrial should be revoked.

3. Determination

A. Article 451(1)7 of the Civil Procedure Act provides that “When a false statement by a witness, appraiser or interpreter, or a false statement by a party or legal representative has become evidence of a judgment,” a ground for retrial. Meanwhile, Article 451(2) of the Civil Procedure Act provides that “only when a judgment of conviction or a judgment imposing a fine for negligence becomes final and conclusive or a final and conclusive judgment imposing a fine for negligence is impossible for reasons other than lack of evidence” (Article 451(1)4 through 7 of the Civil Procedure Act).