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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, ..
Reasons
1. Following the conclusion of the judgment subject to a retrial, the following facts are apparent in records or obvious to this court.
On June 3, 2014, the Plaintiff filed a lawsuit against the Defendant for management expenses claim against the Daegu District Court 2014 Ghana38747, and the first instance court accepted the Plaintiff’s claim on February 9, 2015, and the Defendant appealed against the first instance judgment.
The appellate court dismissed the defendant's appeal on September 3, 2015, and the defendant appealed, but the Supreme Court dismissed the defendant's appeal on December 23, 2015 (2015Da56482) and the above judgment became final and conclusive as it is.
B. On December 28, 2015, the Defendant filed a suit for retrial with the Daegu District Court by asserting that there exists a ground for retrial under Article 451(1)3 of the Civil Procedure Act in the instant judgment subject to retrial, and the said court dismissed the Defendant’s petition for retrial on July 20, 2016.
(F) On November 10, 2016, the Supreme Court dismissed the Defendant’s appeal on November 10, 2016.
(Supreme Court Decision 2016Da37655). C.
On December 2, 2016, the Defendant again filed a lawsuit with the Daegu District Court on the grounds that there was a ground for retrial under Article 451(1)1, 3, 6, 9, and 11 of the Civil Procedure Act in the instant judgment subject to retrial. On December 13, 2017, the said court dismissed the Defendant’s request for retrial on December 13, 2017.
(F) On February 2, 2017, the Defendant asserted that there was a ground for retrial under Article 451(1)1, 6, 9, and 11 of the Civil Procedure Act in the judgment subject to retrial. However, the circumstances alleged by the Defendant do not constitute a ground for retrial, or that it is not possible to file a retrial on the grounds therefor.
3. The suit of this case is unlawful and thus dismissed.