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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
1. The following facts, which became final and conclusive in the judgment subject to review, do not conflict between the parties, or are significant in this court:
On October 17, 2012, the Plaintiff entered into a sales contract with the Defendant and the Defendant for purchasing KRW 7,001,300,000 of the purchase price (hereinafter “instant sales contract”) on each land listed in the separate sheet No. 1 list (hereinafter “instant contract”).
B. The Plaintiff asserted that “the Defendant is obligated under the instant sales contract to consent to the designation of a district unit planning zone and the formulation of a district unit planning plan,” and filed a lawsuit against the Defendant seeking consent as stated in the above claim (No. 2016Gahap10823, Jeju District Court 2016), and the court of first instance rendered a judgment citing the Plaintiff’s claim on December 22, 2016.
C. On August 9, 2017, the appellate court (No. 2017Na10017) appealed against the above judgment, and the appellate court (No. 2017Na10017) rendered a judgment revoking the first instance judgment and dismissing the Plaintiff’s claim on the ground that the Defendant lawfully rescinded the sales contract of this case on the grounds of the grounds of the grounds for the reasons for rescission of the agreement stipulated in Article 3(5) of the sales contract of this case (hereinafter “the instant judgment for
Although the Plaintiff filed an appeal against the above appellate judgment, the Supreme Court (No. 2017Da256651) rendered a judgment dismissing the appeal on December 7, 2017, which was served on the Plaintiff on the same day, and thereby became final and conclusive.
2. We examine the legitimacy of the litigation of this case ex officio as to the lawfulness of the litigation of this case’s retrial.
A. The Plaintiff asserts to the following purport that there exists a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the instant judgment subject to a retrial:
1. July 8, 2016