1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

1. The following facts, which became final and conclusive in the judgment subject to a retrial, do not conflict between the parties, or are significant in this court:

On February 11, 2014, the Plaintiff filed a lawsuit against the Defendant for the increase in compensation (105,000,000 won and damages for delay) due to the expropriation of the Plaintiff’s land. However, on January 21, 2015, the first instance court rendered a judgment dismissing the remainder of the claim by citing only part of the Plaintiff’s claim (1,939,100 won and damages for delay).

B. The Plaintiff filed an appeal with the Daegu High Court No. 2015Nu4410, and the appellate court, on November 13, 2015, ordered the Plaintiff to partially accept the Plaintiff’s appeal and pay 25,339,800 won and damages for delay, and sentenced the Plaintiff to a judgment subject to a retrial with the purport to dismiss the remainder of the Plaintiff’s appeal.

C. The Plaintiff and the Defendant did not object to the judgment subject to a retrial, which became final and conclusive on December 2, 2015.

Meanwhile, the Plaintiff’s legal representative was served on November 17, 2015 with the original copy of the judgment subject to a retrial.

2. Whether the litigation for retrial of this case is legitimate

A. The Plaintiff asserted that the ground for retrial is unreasonable in the course of a lawsuit for a judgment subject to retrial, and that the appraised value of the Plaintiff’s land expropriated was unreasonable, but the judgment subject to retrial was omitted. As such, there is a ground for retrial falling under “when a judgment was omitted on important matters affecting the judgment” under Article 451(1)9 of the Civil Procedure Act in the judgment subject to retrial.

B. Article 456(1) of the Civil Procedure Act, which applies mutatis mutandis to an administrative litigation pursuant to Article 8(2) of the Administrative Litigation Act, provides that “The party concerned shall file a lawsuit for retrial within 30 days from the date on which he/she becomes aware of the grounds for retrial after

On the other hand, when the original of the judgment is served on the attorney, the attorney was served with the original of the judgment unless there are special circumstances.