1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

The Plaintiff filed a lawsuit against the Defendant seeking the return of development costs paid to the Defendant by Busan District Court Branching 2013 Ghana12835, and the said court dismissed the Plaintiff’s claim on July 19, 2013.

B. The Plaintiff, dissatisfied with the above judgment of the first instance court, filed an appeal with the Incheon District Court 2013Na14132. On May 1, 2014, the said court rendered a judgment subject to a retrial citing a part of the Plaintiff’s appeal. The original judgment subject to a retrial was served on the Defendant on May 19, 2014.

C. The Defendant, who is dissatisfied with the judgment subject to a retrial, filed a final appeal with the Supreme Court Decision 2014Da37095, but the Supreme Court rendered a judgment dismissing the final appeal on August 28, 2014, which became final and conclusive upon the delivery of the original judgment to the Plaintiff on September 1, 2014, and the Defendant on September 2, 2014, respectively.

2. Determination on the legitimacy of the request for retrial

A. The Defendant’s summary of the judgment subject to a retrial is erroneous by recognizing facts differently from the Defendant’s assertion.

B. The main text of Article 451(1) of the Civil Procedure Act provides that a lawsuit for a retrial may be brought against a final and conclusive judgment, if a case falls under any of the grounds stipulated in subparagraphs 1 through 11 of the said Article. Therefore, in order to be lawful, the grounds stipulated in the said subparagraphs must exist in the judgment subject to retrial.

However, all of the grounds for retrial asserted by the Defendant constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, since the facts alleged by the Defendant were not accepted in the judgment subject to retrial, it does not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, and even if all the evidence and materials submitted by the Defendant are gathered.