1. Among the lawsuits for retrial of this case, the part concerning the grounds for retrial under Article 451(1)6 and 9 of the Civil Procedure Act is respectively applicable.

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court.

Although the Plaintiffs filed a lawsuit against the Defendant seeking the payment of the amount stated in the purport of the claim by Seoul Central District Court Decision 2009Gahap109748, the above court rendered a judgment dismissing the Plaintiffs’ claim on January 29, 2010. The Plaintiffs filed an appeal by this Court No. 2010Na27894, but this Court rendered a judgment subject to a retrial that dismissed the Plaintiffs’ appeal on November 2, 2010. While the Plaintiffs filed a second appeal by the Supreme Court (Supreme Court Decision 2010Da1089), the judgment subject to a retrial became final and conclusive by the final appeal on March 24, 201 (Supreme Court Decision 2010Da1089).

B. After November 17, 2014, the Plaintiffs asserted that there was a ground for retrial under Article 451(1)6 of the Civil Procedure Act, and filed a request for a retrial as to the judgment subject to retrial under this court’s 2014Ja963. However, this court rendered a judgment dismissing the lawsuit for retrial on August 21, 2015. The Plaintiffs filed a final appeal against this, but the said judgment became final and conclusive upon the final appeal (Supreme Court Decision 2015Da55144) rendered a judgment dismissing the final appeal on November 26, 2015.

2. Summary of the plaintiffs' assertion

A. The judgment subject to a retrial is based on the forged or altered “land and obstacles” and there is a ground for retrial falling under Article 451(1)6 of the Civil Procedure Act.

B. Since there was an error of omission of judgment on important matters that may affect the judgment, there is a ground for retrial falling under Article 451(1)9 of the Civil Procedure Act.

C. As the original decision and the Seoul High Court Decision 2014Na12043, which filed against the Intervenor joining the Defendant, are different, there are grounds for retrial falling under Article 451(1)10 of the Civil Procedure Act.

3. Determination

A. Article 451(1)6 of the Civil Procedure Act provides that “The grounds for a retrial under Article 451(1)6 of the same Act shall be determined.”