1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The Plaintiff, who became final and conclusive in the judgment subject to review, filed a lawsuit against the Defendant for return of unjust enrichment by Seoul Central District Court Decision 2013Da121960, and the said court rendered a judgment dismissing all the Plaintiff’s claims on October 30, 2014. The Plaintiff appealed against this decision and filed an appeal by Seoul Central District Court Decision 2014Na59230, but the appellate court declared that the Plaintiff’s appeal was dismissed on April 21, 2015, and again appealed by Supreme Court Decision 2015Da215069, Supreme Court Decision 2015Da215069, the fact that the judgment subject to review became final and conclusive by dismissing the Plaintiff’s final appeal on July 23, 2015 is apparent.

2. The main text of Article 451(1) of the Civil Procedure Act provides that a lawsuit for a retrial may be brought against a final and conclusive judgment in the event of any of the grounds stipulated in subparagraphs 1 through 11 of the said Article regarding the grounds for retrial. Therefore, in order to be lawful in filing a lawsuit for retrial, the grounds stipulated in the instant judgment subject to retrial should exist.

However, without specifying any grounds for a retrial among the grounds for a retrial under each subparagraph of Article 451(1) of the Civil Procedure Act in the judgment subject to a retrial, the Plaintiff asserts to the effect that “the judgment subject to a retrial, which was accepted by all of the Defendant’s arguments, is unlawful,” and requests the original Defendant to revoke the judgment subject to a retrial and re-examine the contents asserted by the original Defendant. The purport of the Plaintiff’s assertion is that all of the arguments asserted were already asserted during the oral proceedings before the judgment subject to a retrial, and the facts alleged by the Plaintiff’s assertion were not accepted in the judgment subject to a retrial, and thus, it does not constitute

In addition, even if all the evidence and materials submitted by the plaintiff are gathered, there are grounds for retrial under the Civil Procedure Act.