The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff (Plaintiff).

The grounds of appeal are examined.

Article 451(1)7 of the Civil Procedure Act, “when the false statement of a witness becomes evidence of the judgment” refers to cases where the false statement is provided as fact-finding data affecting the order of judgment. If there is a possibility that the text of the judgment would vary if the false statement had not been made, the order of the judgment would be different. Thus, if only the remaining evidence except the false statement does not have any influence on the text of the judgment even if the false statement was made, the judgment of conviction was rendered by perjury.

Even if it does not constitute grounds for retrial.

(1) The lower court, based on its stated reasoning, determined that perjury was not affected by the text of the judgment subject to a retrial, and rejected the Plaintiff (Plaintiff)’s petition for retrial on the grounds that, even if a summary order on perjury was finalized with respect to the false statement of a witness AU used as evidence for the judgment subject to a retrial, it did not affect the text of the judgment subject to a retrial.

In light of the above legal principles and records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by violating logical and empirical rules or by misapprehending the legal principles as to the grounds for retrial or the prescription for the acquisition of possession under Article 451 (1) 7 of the Civil Procedure Act, or by omitting judgment.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.