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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
1. The following facts are apparent in the records of the judgment subject to a retrial:
On October 7, 2008, the plaintiff filed a lawsuit against the defendant seeking return of unjust enrichment under the Jeonju District Court 2008da7756, Jeonju District Court 2008Gadan756, and the judgment dismissing the plaintiff's claim on September 8, 2009. Accordingly, the judgment dismissing the plaintiff's appeal on September 18, 2009 (hereinafter "the judgment of first review") was rendered on June 15, 2010, but the plaintiff appealed with the Jeonju District Court 2009Na6137, which became final and conclusive on September 10, 2010, although the plaintiff appealed with the Supreme Court 2010Da57367 on July 9, 2010, the plaintiff did not assert the grounds for appeal that there was an error of omission in judgment in the first review decision, but the judgment was dismissed on September 30, 2010.
B. On November 4, 2010, the Plaintiff filed a lawsuit against the Defendant for retrial by asserting that there was grounds for retrial under Article 451(1)8 and 9 of the Civil Procedure Act with the Jeonju District Court Decision 2010Na102, but the judgment dismissing the Plaintiff’s lawsuit for retrial on April 1, 2011 (hereinafter “the judgment on second retrial”) was rendered, and the judgment was rendered on April 20, 201, and the Plaintiff appealed on April 20, 201 as Supreme Court Decision 201Da35449, but the judgment dismissing the Plaintiff’s appeal on July 28, 201 became final and conclusive on August 3, 2011.
C. On August 26, 2011, the Plaintiff filed a lawsuit against the Defendant for retrial by asserting that there was a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment on the first retrial by the Jeonju District Court 201Na79, but on August 22, 2012, the judgment dismissing the Plaintiff’s lawsuit for retrial (hereinafter “the judgment on the third retrial”) was rendered, and the Plaintiff filed an appeal by Supreme Court 2012Da82404 Decided September 5, 2012, but on December 28, 2012, the Plaintiff’s appeal by the Plaintiff was continued to be examined.