1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. According to the record of confirmation of the judgment subject to review, the following facts are recognized:

A. On May 22, 2017, the Defendant ordered the Plaintiff to remove and remove illegal facilities and waste area of 132 square meters in Eunpyeong-gu Seoul Special Metropolitan City C Forest Land 556,624 square meters by June 10, 2017. The Defendant notified the Plaintiff that it will execute vicarious execution if the said period is not fulfilled.

(hereinafter referred to as the "instant disposition" in combination with the above removal orders and mooring orders. (b)

In this regard, the Plaintiff filed a lawsuit seeking the revocation of the instant disposition (Seoul Administrative Court 2017Guhap7303), but lost, and the judgment dismissing the appeal was rendered at the appellate court (Seoul High Court 2017Nu87243) (hereinafter “the judgment on review”) and the final appeal (Supreme Court 2018Du45923) was dismissed, and the judgment subject to review became final and conclusive.

2. The Plaintiff’s assertion as to the legitimacy of a retrial suit is an existing unauthorized building removal confirmation source, airline margin, application for occupancy right of apartment houses, and verification of D Office E, which the Plaintiff secured after the above Supreme Court’s judgment, is a new evidence inconsistent with the judgment subject to a retrial, and there exists a ground for retrial under Article 451(1)6 and 9 of the Civil Procedure Act

Judgment

Article 451(1)6 of the Civil Procedure Act, which applies mutatis mutandis to the grounds for retrial under Article 451(1)6 of the Civil Procedure Act, provides that “when documents or other articles used as evidence of a judgment have been forged or altered,” is a ground for retrial. Article 451(2) of the Civil Procedure Act provides that “When a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive or a final and conclusive judgment of a fine for negligence cannot be rendered for any reason other than lack of evidence” (Article 451(1)4 through 7).

As such, the grounds for retrial under Article 451(1)6 of the Civil Procedure Act are stipulated in Article 451(2).