1. Of the lawsuits for review of this case, the part of the decision C dated October 31, 2016 rendered by Suwon District Court, Sung-nam Branch, which was dismissed.

2. This.

1. On October 31, 2016, the Plaintiff (Plaintiff) filed a petition for a retrial against the decision rendered by Suwon District Court Sung-nam Branch C on the decision of October 31, 2016, and on October 31, 2016, the Suwon District Court rendered a petition for a retrial against the decision to commence a compulsory auction for C real estate auction.

However, a new trial can be instituted only with respect to a final judgment (see Article 451(1) of the Civil Procedure Act). The decision on commencing a new trial is not subject to a new trial.

In addition, the above decision can only be contested by filing an objection and an immediate appeal against the decision on objection under the Civil Execution Act, and it is not possible to seek its revocation by filing a lawsuit for quasi-deliberation (see Supreme Court Order 2004Ma660, Sept. 13, 2004). Therefore, a lawsuit for retrial against the above decision is unlawful.

2. Part concerning a request for retrial against a judgment rendered on May 24, 2017 by Suwon District Court (Seoul District Court Decision 2016Kadan27909)

A. The following facts, which became final and conclusive in the judgment subject to a retrial, are apparent in records or significant in this court.

On November 25, 2016, the Plaintiff (Re-Appellant) filed a lawsuit of demurrer against the Defendant (Re-Defendant) by Sungwon District Court 2016Kadan27909, Sungwon District Court 2016Gadan27909, and sought a judgment that “The Plaintiff (Defendant) shall not be subject to compulsory execution based on the payment order in the case of transfer money payment.”

On May 24, 2017, the above court rendered a ruling that "The compulsory execution based on the payment order in the Sung-nam District Court's Sung-nam Branch 2007 (Seoul High Court 2007Da1273) against the plaintiff (the defendant for review) shall not be permitted only to the part exceeding the amount equivalent to 17% per annum from October 27, 2016 to the date of full payment." The above judgment subject to a review became final and conclusive on June 13, 2017 as it became final and conclusive on October 13, 2017.

B. Article 451(1) of the Civil Procedure Act is applicable to the judgment subject to a retrial by the Plaintiff (Plaintiff).