1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

1. The Plaintiff filed a lawsuit against the Defendant, C, D, and E for the delivery of land, etc. by the District Court Decision 2016Da6460 decided on June 22, 2017, and the said court rendered a judgment in attached Form 3 (hereinafter “the judgment on review”) on June 22, 2017, and the fact that the judgment subject to review became final and conclusive at that time is apparent in records.

2. The summary of the Defendant’s argument that an original judgment subject to a retrial was rendered by unilaterally accepting only the Plaintiff’s attorney’s assertion without examining the Defendant’s argument and even without receiving the briefs, etc. submitted by the Defendant. The Defendant rendered a judgment that accepted most of the Plaintiff’s claim by based on the survey appraisal by the Macheon branch office of the Korea National Land Information Corporation, which was not recognized by the Defendant and the G Certified Public Accountants Office. This constitutes “when the false statement by a witness, appraiser, or interpreter or the false statement by a party or legal representative by the party examination becomes evidence of the judgment”, there is a ground for retrial under Article 451(1)7

3. In the case of grounds for retrial under Article 451(1)7 of the Civil Procedure Act, a suit for retrial may be filed only when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive or a final and conclusive judgment of a final and conclusive judgment of conviction or a fine for negligence cannot be rendered for reasons other than lack of evidence.

(Article 451(2) of the Civil Procedure Act. However, there is no evidence to acknowledge that a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive, or that a final and conclusive judgment of conviction or a fine for negligence cannot be made for reasons other than lack of evidence, regarding the grounds for retrial

Therefore, the instant lawsuit based on the grounds for retrial under Article 451(1)7 of the Civil Procedure Act is unlawful.

The defendant also asserts the grounds for retrial under Article 451(1)5 of the Civil Procedure Act.