1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts are apparent or apparent in records in the judgment subject to a retrial.

The Plaintiff filed the instant lawsuit by asserting that the Defendant committed a tort to block the windows installed in the first floor and the kitchen of the Plaintiff’s housing owned by the Plaintiff.

On July 24, 2014, the court of first instance sentenced the defendant to compensate for damages of 2,500,000 won (property damages of 1,500,000 won, consolation money of 1,000,000 won) and damages for delay.

B. The Defendant appealed against the judgment of the first instance court, and the Plaintiff filed an incidental appeal.

On March 18, 2015, the appellate court changed the judgment of the first instance on March 18, 2015, ordered the defendant to pay damages of KRW 5,300,000 (property damages of KRW 300,000, consolation money of KRW 5,000,00) and damages for delay, and ordered the defendant to remove the panel established by the defendant adjacent to the wall surface of the above ward at the request added by the appellate court.

C. The Defendant appealed against the judgment subject to a retrial, but the judgment dismissing the appeal became final and conclusive on July 28, 2015.

2. Determination on the legitimacy of a retrial suit

A. The Defendant’s assertion ① drafted a false estimate and a written confirmation of work completion that the witness D did not actually work but could not have actually worked, and based on this, the judgment subject to a retrial was pronounced.

② As the Defendant did not receive the Plaintiff’s incidental appellate brief and preparatory brief in advance, the trial was conducted in a state where the specific contents are unknown, and the Defendant also refused to receive the incidental appellate brief.

The judgment subject to review is a judgment unilaterally rendered in an unfair and unfavorable situation to the defendant.

B. First, we examine the defendant's argument ①

According to the records, D does not have any fact that he testified as a witness in this case.

The written estimate and written confirmation of completion of work, which the defendant claims to be false, are to refer Gap evidence 10-1 and Gap evidence 9.