1. The request for retrial of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, and.

1. The following facts are apparent in the process of the instant case:

On April 26, 2017, the Plaintiff filed a lawsuit against the Defendant for the claim for the lease deposit under the Incheon District Court Branch of the Incheon District Court 2017dan10502.

B. On September 27, 2017, the foregoing court rendered a judgment in favor of the Plaintiff (hereinafter “the judgment of the first instance”) and the Defendant appealed, but the judgment was rendered on May 9, 2018 (Seoul District Court 2017Na65985), and the Defendant’s appeal against it was dismissed on August 16, 2018 (Supreme Court 2018Da238025), and the first instance judgment became final and conclusive on August 21, 2018.

C. On August 24, 2018, the Defendant: (a) indicated the judgment of the first instance court as a branch of the Incheon District Court Branch of the Incheon District Court No. 2018Kadan466; (b) asserted that forged documentary evidence, etc. submitted by the Plaintiff was evidence of the judgment of the first instance; and (c) submitted the petition for retrial to the Incheon District Court, which is the cause of the first instance court

On October 23, 2018, when an appellate court rendered a judgment on the merits of the case, the said court failed to file a lawsuit for retrial against the judgment of the first instance. However, there is no room for the Defendant to bring a lawsuit for retrial, which is obvious that the Defendant will be dismissed by rejection of the appeal. Therefore, under Article 451(3) of the Civil Procedure Act, the chief of the appellate court rendered a decision to transfer ex officio the instant lawsuit for retrial to the Incheon District Court Civil Appeal Division (hereinafter referred to as “the first instance judgment”), pursuant to Article 451(3) of the Civil Procedure Act, on the ground that it appears that the judgment of the first instance was erroneous, and the Defendant filed an immediate appeal, and the appellate court rendered a decision to revoke the judgment of the first instance on the ground that

(In Incheon District Court 2018Ra5475). 2. Whether the request for retrial of this case is lawful or not, ex officio, shall be examined as to whether the request for retrial of this case was lawful.

A. When the appellate court rendered a judgment on the merits of the case, it shall institute a lawsuit for retrial against the judgment of the first instance.