1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, or Plaintiff for retrial).

1. The following facts are apparent to this court, which became final and conclusive in the judgment subject to a retrial:

On February 6, 2015, Nonparty A (hereinafter “the deceased”) and Plaintiff W (B) filed a claim for rent against the Defendant on the land and above-ground buildings listed in the real estate list (hereinafter “instant building, etc.”). On April 22, 2015, the Defendant filed a claim for rent (Seoul District Court Branch Branch Decision 2015Kahap6426) against the Defendant. On April 22, 2015, the Defendant filed a claim for restitution of unjust enrichment against the Deceased and Plaintiff W (F) (Seoul District Court Branch Decision 2015Gahap6433).

On January 30, 2016, the deceased died, and the plaintiffs taken over the lawsuit of the deceased.

B. On June 10, 2016, the first instance court rendered a judgment to accept the claim of the Plaintiffs against the principal lawsuit and to dismiss the Defendant’s counterclaim. On March 9, 2017, the second instance court rendered a judgment to dismiss the Defendant’s appeal (Seoul High Court Decision 2016Na23626 (principal lawsuit), and 2016Na2363 (Counterclaim)), which dismissed the Defendant’s appeal on March 9, 2017, and the judgment to be subject to a retrial became final and conclusive on March 28, 2017.

2. Whether there exists a ground for a retrial (unlawful)

A. After the Defendant’s assertion of the judgment subject to a retrial became final and conclusive, it was found that the Deceased consented to the Defendant’s free use of the instant building, etc. in the context of “two copies of the official document, thirty copies of the official document attached to the Seo-gu Office in Daegu, Seo-gu, and 150 copies of the passbook transactions.”

Therefore, there are grounds for retrial under Article 451(1)6, 7, and 9 of the Civil Procedure Act.

B. According to Article 451(1)6 and 7 of the Civil Procedure Act as to the existence of a cause for a retrial (illegal) under Article 451(2) of the Civil Procedure Act, a retrial may be instituted only when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final for an act subject to punishment, or when a final judgment of conviction or a final judgment of imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence.