1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. Determination of the original judgment

A. The Plaintiff filed a lawsuit against the Defendant for the claim for damages against this Court No. 2014 Ghana47405, but this Court rendered a judgment dismissing the Plaintiff’s claim on July 22, 2014.

B. On December 11, 2015, the Plaintiff appealed by this Court as 2014Na12383, but this Court rendered a ruling dismissing the Plaintiff’s appeal (hereinafter “the judgment on review”) against the foregoing judgment.

C. The Plaintiff appealed to the judgment subject to a retrial and appealed again by Supreme Court Decision 2016Da3195, but on May 12, 2016, the judgment dismissing the final appeal became final and conclusive, and the judgment subject to a retrial became final and conclusive.

[Ground for recognition] Unsatisfy, substantial facts in this court

2. Determination on the legitimacy of a retrial suit

A. Although the Plaintiff’s assertion had to have made accurate appraisal as a physical appraiser in the damages claim case No. 2012Gapo239323, the Defendant prepared a false physical appraisal statement to be disadvantageous to the Plaintiff. Accordingly, the Plaintiff was ruled against the Plaintiff in the trial.

Nevertheless, the original judgment dismissed the Plaintiff’s appeal on the grounds stated above. The original judgment is erroneous, which constitutes a ground for retrial.

B. We examine the judgment, and the lawsuit for retrial is permitted only when there are grounds for retrial stipulated in Article 451 of the Civil Procedure Act. According to the records, the above grounds alleged by the plaintiff can be known that the plaintiff had already been disputed in the judgment subject to retrial and that there was a determination thereof. Thus, the above grounds for the plaintiff's assertion cannot be deemed to constitute any grounds for retrial under each subparagraph of Article 451 (1) of the Civil Procedure Act, and there is no other evidence to acknowledge that there was grounds for retrial under the Civil Procedure Act.

Therefore, the plaintiff's above assertion is without merit.

3. Thus, the lawsuit of this case is unlawful and thus, it is dismissed.