1. The lawsuit of this case shall be dismissed.

3. The costs of retrial shall be borne by the defendant.

purport, purport, ..

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

On August 23, 2010, the Plaintiff (hereinafter “Plaintiff”) filed a lawsuit against the Defendant (hereinafter “Defendant”) on August 23, 2010, asserting that it purchased the land indicated in the separate sheet owned by the Defendant on June 24, 2003 from D who represented the Defendant’s mother-friendly net C, and that it purchased the land indicated in the separate sheet owned by the said deceased on June 24, 2003, and the said court rendered a judgment accepting the Plaintiff’s claim on September 30, 201.

Therefore, the Defendant appealed with Seoul High Court Decision 2011Na21457, but the above court rendered a judgment subject to a retrial that dismissed the Defendant’s appeal.

The Defendant, who was dissatisfied with the judgment subject to a retrial, appealed by Supreme Court Decision 2012Da55303, and the judgment dismissing the judgment was rendered on September 13, 2012, and the said judgment was served on the Defendant on September 18, 2012. The judgment subject to a retrial became final and conclusive at that time.

2. The Plaintiff, whether a lawsuit for retrial of this case was filed within five years from the date on which the judgment for retrial became final and conclusive, shall make a defense of safety that the lawsuit for retrial of this case was filed five years after the date on which the judgment for retrial

On September 13, 2012, the judgment of dismissal of the Supreme Court was rendered on September 18, 2012, and the above judgment was served on the Defendant on September 18, 2012, as seen in the preceding two paragraphs.

The judgment subject to a retrial becomes final and conclusive upon the occurrence of the above judgment that became final and conclusive on September 18, 2012, and since it is apparent that the instant lawsuit brought on September 18, 2017 for retrial was filed within five years from the date when the said judgment became final and conclusive, it is reasonable to deem that the instant lawsuit for retrial complies with the period for retrial.

Therefore, the plaintiff's defense of this case shall be accepted.