1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

The Plaintiff filed a lawsuit against the Defendant on the ground that the instant disposition was unlawful by the Changwon District Court 201Guu1441, and the said court rendered a judgment of the first instance court that dismissed the Plaintiff’s claim on January 7, 2013.

B. The Plaintiff dissatisfied with this and appealed to Busan High Court (original District Court 2013Nu317), but the above court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal on December 19, 2013, and the said judgment was served on the Plaintiff on December 30, 2013.

C. The Plaintiff appealed and appealed by Supreme Court Decision 2014Du2397. However, on April 30, 2014, the Supreme Court rendered a judgment dismissing the appeal on the grounds that the Plaintiff’s ground of appeal constituted Article 4 of the Act on Special Cases Concerning the Procedure for Appeal. The said judgment was served on the Plaintiff on May 2, 2014, thereby becoming final and conclusive.

2. Grounds for retrial and determination

A. The gist of the Plaintiff’s assertion is an error of omission of judgment on important matters that may affect the judgment, which constitutes grounds for retrial under Article 451(1)9 of the Civil Procedure Act, and thus, the judgment subject to retrial ought to be revoked.

B. In light of the proviso of Article 451(1) of the Civil Procedure Act, a suit for a retrial cannot be filed against the judgment of the court below which became final and conclusive on the grounds alleged as the grounds for appeal, and, on the other hand, barring any special circumstance, whether a judgment was omitted or omitted may be known at the time of being served with the original copy of the judgment, which constitutes a case where an omission in judgment was not known as the grounds for appeal and thus, it cannot be brought a suit for retrial. Ultimately, whether a ground for retrial under Article 451(1)9 of the Civil Procedure