1. The grounds for retrial under Article 451(1)9 of the Civil Procedure Act among the lawsuits filed by the Plaintiff (Plaintiff) for retrial.

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:

On June 17, 2016, the Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 25,600,000, etc. (U.S. District Court Ansan Branch 2016dan17507) under the sub-lease agreement concluded with the Defendant regarding the “D Station shopping mall” located in Ansan-si E (hereinafter “instant shopping mall”).

B. On July 20, 2018, the foregoing court rendered a judgment subject to a retrial with the purport to dismiss the Plaintiff’s claim.

The judgment subject to a retrial was served on the Plaintiff on July 20, 2018, and became final and conclusive on August 4, 2018.

2. Grounds for retrial and determination

A. There are the following grounds for retrial in the judgment subject to a retrial by the Plaintiff.

1) On November 15, 2018, the Suwon District Court rendered a judgment to the effect that no right to occupy and use the instant commercial building exists to the Defendant, unlike the judgment subject to a retrial on November 15, 2018, in a case where the right to occupy and use the instant commercial building was confirmed. Moreover, on October 19, 2018, the Suwon District Court rendered a judgment to the effect that, unlike the judgment subject to a retrial on October 19, 2018, a lease agreement concluded between the Plaintiff and J, claiming that the Plaintiff is a new sub-lease of the instant commercial building, does not become null and void. Accordingly, there exists a ground for retrial under Article 451(1)8 of the Civil Procedure Act in the judgment subject to a retrial, even though the Defendant did not have the right to occupy and use the instant commercial building, the judgment subject to a retrial was omitted, and thus there exists a ground for retrial under Article 451(1)9 of the Civil Procedure Act.

B. Article 451(1)8 of the Civil Procedure Act provides that “When a judgment or any other judgment or administrative disposition, which forms the basis for a judgment, has been changed according to a different judgment or administrative disposition” as a ground for retrial on a ground for retrial under Article 451(1)8 of the Civil Procedure Act. This refers to “when a judgment or any other judgment or administrative disposition, which forms the basis for a judgment, has