1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant (the plaintiff and the selected party).

1. Whether the litigation for retrial of this case is legitimate

A. On April 6, 2018, the fact that the Defendant, who failed to comply with the order of the re-examination of this case, did not affix stamps to the instant re-examination center, and the fact that the Defendant failed to correct the stamp within the period specified in the order of the correction is apparent.

Therefore, the instant lawsuit for retrial is unlawful.

B. An abuse of right (1) facts of recognition (1) (an action for a final judgment and a repeated retrial) ① The plaintiff did not comply with a consultation for cash liquidation even though the defendant and the selected party B (hereinafter referred to as the "defendant, etc.") who was a member of the plaintiff did not make an application for parcelling-out within the period of application for parcelling-out, and failed to comply with the agreement for cash liquidation. The plaintiff won the plaintiff by filing a lawsuit for the implementation of the procedure for ownership transfer registration based on cash liquidation under this court 2007da10943. In the case where the appeal was brought by the defendant, etc., the plaintiff was awarded the plaintiff's winning judgment as modified as stated in the purport of the claim of this case, and the appeal by the defendant, etc. was dismissed, which became final and conclusive as it is.

② On May 28, 2010, the Defendant, etc. filed a lawsuit for retrial by this Court No. 2010 Jaena151, but the lawsuit was dismissed on October 6, 2010 on the ground that there was no legitimate ground for retrial (Supreme Court Decision 2010Da89777). The final appeal against the foregoing was dismissed.

③ On February 7, 2011, the Defendant, etc. filed a suit for a retrial by this Court No. 2011Na35, but was dismissed on August 19, 2011 on the ground that the grounds for a retrial were groundless, and the final appeal was also dismissed.

④ On December 21, 201, the Defendant, etc. filed a suit for a retrial by this Court 201Na301 on December 21, 201, but failed to comply with the recognition order, thereby dismissing the petition for a retrial on March 22, 2012.

(5)