1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. According to the records of the judgment subject to a retrial, the judgment dismissing the Plaintiff’s claim on September 15, 2015 (hereinafter “the judgment on retrial”) was rendered on November 28, 2014, on the grounds that the Plaintiff’s lawsuit for the confirmation of the authenticity of the deed concerning the instant deed against the Defendant was unlawful, and that the judgment dismissing the lawsuit on February 3, 2016 was rendered on September 15, 2015 from the appellate case (this Court 2015Na59, and the appellant).

2. The plaintiff asserts that there is a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act in the judgment subject to a retrial.

In light of the purport of the proviso of Article 451(1) of the Civil Procedure Act and the nature of a trial for non-trial procedure, barring any special circumstance, the grounds for retrial under Article 451(1)9 of the Civil Procedure Act cannot be a legitimate ground for retrial against the judgment of the court of final appeal, regardless of whether an omission of judgment in the court of final appeal was alleged as the grounds for final appeal (see, e.g., Supreme Court Decision 2006Da4205, Jun. 29, 2007). It is reasonable to deem that the same applies to a case where the court of final appeal dismisses the final appeal

(2) The lower court determined that the Plaintiff filed an appeal against the judgment subject to a retrial with the Supreme Court on May 29, 2008 (see Supreme Court Decision 2008Da7970, May 29, 2008).