1. Of the lawsuits for retrial of this case, the part concerning the grounds for retrial under Article 451(1)7 of the Civil Procedure Act shall be dismissed.

2...

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 claiming the termination of a trust claim against the Defendant, asserting that “the retirement pension that the Plaintiff joined was null and void or revoked, and that the retirement pension trust contract was repealed or terminated due to the closure of a certified judicial scrivener office, the Defendant is obligated to pay trust money to the Plaintiff (the Changwon District Court 2015Kadan977),” and the court of first instance rendered a judgment dismissing the Plaintiff’s claim on March 18, 2016.

B. Although the Plaintiff appealed, the appellate court rendered a judgment dismissing the Plaintiff’s appeal on October 17, 2017 (the Changwon District Court Decision 2016Na2264, hereinafter “Seoul District Court Decision”) and the said judgment subject to a retrial became final and conclusive on December 13, 2017.

2. The plaintiff's assertion

A. The Defendant’s false statement, and the false testimony by H and I were declared as evidence of a trust deposit claim lawsuit, and H were not able to render a final judgment of conviction due to the I’s false statement. As such, there exist grounds for retrial under Article 451(1)7 of the Civil Procedure Act in the judgment subject to a retrial.

B. The judgment subject to a retrial is a ground for retrial under Article 451(1)9 of the Civil Procedure Act, since it has omitted judgment on the Defendant’s intentional and negligent act, the Regulation of Standardized Contracts Act, the Guarantee of Workers’ Retirement Benefits Act, and the existence of a collective agreement, which may affect

C. The judgment subject to a retrial constitutes a ground for retrial under Article 451(1)10 of the Civil Procedure Act, since it is contrary to a final judgment rendered prior to filing a new trial.

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 based on a party’s newspaper has become evidence of the judgment,” a ground for retrial under Article 451(1)7 of the same Act. However, even in this case, the foregoing provision is applicable.