1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

Inasmuch as a retrial can be filed against a final judgment that became final and conclusive, a lawsuit for retrial against a final and conclusive judgment is unlawful, and a lawsuit for retrial filed prior to the final and conclusive judgment becomes final and conclusive while the lawsuit for retrial is not dismissed on the ground that it is unlawful, such lawsuit for retrial

(see, e.g., Supreme Court Decisions 80Da1132, Jul. 8, 1980; 2016Da35123, Dec. 27, 2016). With respect to the instant case, health unit, the fact that the judgment subject to a retrial became final and conclusive on Jun. 19, 2018; and the instant lawsuit, as a lawsuit for retrial, is instituted on June 11, 2018, which is obvious and apparent in fact in fact before the said judgment became final and conclusive as a lawsuit for retrial, is unlawful as a lawsuit for retrial against a final and conclusive judgment.

In addition, the plaintiff asserts to the effect that there are grounds for retrial under Article 451 (1) 6 of the Civil Procedure Act in the judgment subject to a retrial (when the document used as evidence for the judgment was forged), but there is no evidence to prove that a conviction on the document in this case was finalized or that a final conviction could not be rendered for reasons other than lack of evidence. Thus, the lawsuit in this case is unlawful in that it did not meet the requirements under Article 451 (2) of the Civil Procedure Act.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.