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 in the record of the decision subject to a retrial.

On August 10, 2004, the Plaintiff filed a principal suit against the Defendant and was sentenced to the first instance judgment dismissing the claim on February 17, 2005.

B. The Plaintiff appealed against the above judgment, and the Defendant also filed a counterclaim at the appellate court. On December 14, 2005, the first instance judgment was revoked, and the Plaintiff’s claim was accepted, and the judgment subject to a retrial was pronounced to dismiss the Defendant’s claim for counterclaim.

C. The Defendant’s appeal against the above judgment was dismissed on April 14, 2006 (Supreme Court Decision 2006Da3264, Supreme Court Decision 2006Da3271 (Counterclaim), and the judgment subject to a retrial became final and conclusive.

2. Whether the lawsuit of this case is lawful

A. The defendant asserts that there are grounds for retrial falling under Article 451(1)4, 6, 7, and 9 of the Civil Procedure Act, such as a forged document (written expert testimony by a court appraiser, evidence No. 10, etc.) as evidence, and a violation of the legal principles as to the possession of a third party and the rules of evidence.

B. Except where a ground for retrial arises after a final judgment became final and conclusive, a lawsuit for retrial is not instituted when five years have passed after the final and conclusive judgment (Article 456(3) and (4) of the Civil Procedure Act). The fact that a lawsuit for retrial in this case was filed on July 22, 2013 after the lapse of five years from April 14, 2006, where the judgment subject to retrial became final and conclusive, is clearly recorded, and the ground for retrial asserted by the Defendant cannot be deemed to have occurred after the final and conclusive judgment, and thus, the lawsuit for retrial in this case cannot

3. According to the conclusion, we decide to dismiss the instant lawsuit for retrial. It is so decided as per Disposition.