1. The defendant's petition for retrial is dismissed;

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

1. The following facts are substantial or obvious in the records of this case:

On July 2, 2004, the Defendant filed an action of demurrer against the Defendant on July 12, 2004 against the Defendant under the above court No. 2004Gadan23980 on the title of execution with an executory protocol of claim for the cancellation registration of ownership transfer registration (the instant protocol of mediation). As to the Plaintiff’s real estate, the above court filed an application for compulsory auction by the above court on July 5, 2004 for compulsory auction by Ulsan District Court C, and the Plaintiff filed an objection against the Defendant on July 12, 2004.

Accordingly, on July 19, 2004, the Ulsan District Court changed the case number of the above case into 2004 Ma3082 and transferred it to the collegiate panel on July 1, 2004 by the ruling of the arbitration agreement, and the plaintiff paid the principal and interest of the debt under the mediation agreement of this case on July 1, 204, and the defendant deposited the same month.

7. On September 23, 2004, the court rendered a judgment accepting the Plaintiff’s claim on the ground that all obligations under the above conciliation protocol were extinguished by receiving the deposit without reservation of objection.

B. As to this, the Defendant appealed to Busan High Court Decision 2004Na16150 (previous Judgment subject to a retrial), the above court dismissed the Defendant’s appeal on January 20, 2005, and the Defendant appealed to Supreme Court Decision 2005Da9432, but was dismissed on May 13, 2005.

C. On November 27, 2006, the Defendant filed a lawsuit for a retrial against the above judgment on the ground that there was a cause for a retrial under Article 451(1)9 of the Civil Procedure Act by Busan High Court Decision 2004Na16150 on the ground that there was a cause for retrial under Article 451(1)9 of the same Act. On April 12, 2007, the above court rendered a judgment dismissing the said lawsuit on the ground that it is unlawful (hereinafter “instant judgment subject to retrial”).

As to this, the Defendant appealed by Supreme Court Decision 2007Da30676, but was dismissed on June 29, 2007, and the above decision became final and conclusive on July 5, 2007.

E. The defendant on June 2009