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1. All of the petition for retrial and quasi-adjudications of this case are dismissed.
2. The costs of retrial and quasi-adjudications shall be considered.
Reasons
1. The facts under the following basic facts are significant or obvious in records to this court:
The Plaintiff filed a lawsuit against the Defendant seeking delivery of a building subject to a lease agreement (No. 2013da25926) and return of unjust enrichment equivalent to the rent, on June 25, 2014, on the ground that the lease agreement entered into with the Defendant was terminated, and received some favorable judgment on the ground that the said judgment became final and conclusive on July 15, 2014.
B. As to the above judgment, the Defendant filed a quasi-examination on the grounds that there was a ground for retrial under Article 451(1)9 of the Civil Procedure Act by omitting judgment on the Defendant’s “the allegation related to the issuance of tax invoice, flood damage, assertion related to delivery of keys,” but was sentenced to a judgment dismissing all of the above quasi-examination applications and the request for re-examination.
C. Accordingly, the Defendant filed an appeal against the above Suwon District Court Decision 2014 Jinnam District Court Decision 2015Na14294 (hereinafter referred to as Suwon District Court Decision 2015Na14294). However, the Defendant received a judgment dismissing the appeal on July 9, 2015, and the said judgment became final and conclusive on July 28, 2015.
On July 12, 2015, when the defendant applied for a decision on the application for examination of evidence by the defendant, or for a decision on the omitted decision on the part of the defendant's assertion, the defendant submitted "Additional Written Appeal and Preliminary Appeal" to the effect that in preparation for the case where such application is not accepted, the defendant submitted "Additional Written Appeal and Preliminary Appeal". On July 17, 2015, the defendant was ordered to pay stamp and service fees by the presiding judge and did not comply with the order, and the above order became final and conclusive around that time.
2. Determination of the request for retrial