1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

1. The following facts shall be apparent or apparent to be recorded in this court:

On August 30, 2011, the Plaintiffs filed a lawsuit against the Defendant and E as Busan District Court 201Gahap18430, which was the first instance judgment against the Defendant on February 15, 2013 (hereinafter “the second instance judgment”). The first instance judgment against the Defendant on February 15, 2013 (hereinafter “the second instance judgment”).

B. On February 19, 2013, the Defendant served an authentic copy of the judgment subject to a retrial on March 4, 2013, and filed an appeal on March 4, 2013. However, on the wind that the said court did not comply with the order of correction to pay stamp and service fees as of March 6, 2013, the petition of appeal was dismissed on March 26, 2013, and the judgment subject to a retrial became final and conclusive on March 4, 2013, the expiration date of the appeal.

2. The defendant's argument

A. On May 24, 2005, the Plaintiffs: (a) concluded a contract on May 24, 2005, under which the part of the grounds for a retrial under Article 451(1)5 of the Civil Procedure Act (hereinafter “instant transfer contract”) was an executive officer and shareholders of Company I (hereinafter “I”), who made a confession, or obstructed the submission of means of attack and defense that may affect the judgment; and (b) concluded a contract on the transfer of property, such as movable property, real property, bonds, debts, etc., including the new construction and sale business of H building, which was conducted by L, with an intention to transfer all of the property and shares, including one billion won (hereinafter “instant transfer contract”); (c) but (d) received a favorable judgment by filing a lawsuit against the Defendant on the ground that the I written agreement on the transfer and acquisition of shares, which was made at the time

However, L does not intend to hold the Plaintiff liable for the Defendant. The Defendant is a fine for negligence, etc., and the Defendant did not object to the judgment subject to a retrial on the wind of deceiving the Defendant.

Therefore, this constitutes a case where the act of L to be punished as a crime of fraud has obstructed the submission of attack or defense methods that affect the judgment.