1. The plaintiff's petition for retrial is dismissed.

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

1. The following facts are clearly recorded in the judgment subject to a retrial:

The Plaintiff filed a lawsuit against the Defendant as Seoul Southern District Court 2009Gahap28159, but was sentenced to the first instance judgment dismissing the Plaintiff’s claim on May 27, 2010.

B. The Plaintiff appealed against the judgment of the first instance court as Seoul High Court No. 2010Na52326, but was sentenced to the judgment subject to a retrial that dismissed the Plaintiff’s appeal on January 13, 2011, and the original judgment reached the Plaintiff on January 24, 2011.

C. The Plaintiff appealed to the Supreme Court Decision No. 2011Da11078 regarding the judgment subject to a retrial. However, on April 28, 2011, the Plaintiff rendered a judgment dismissing the Plaintiff’s final appeal as a result of a trial rejection. On May 2, 2011, the judgment subject to a retrial became final and conclusive on May 2, 2011 by serving the Plaintiff, who is the appellant on May 2, 201.

2. Plaintiff’s assertion and determination on grounds for retrial

A. The plaintiff's assertion that the decision subject to a retrial was made by adopting the testimony of F witness of the case subject to a retrial as evidence. Since the testimony of the above witness is a perjury, there is a ground for retrial under Article 451 (1) 7 of the Civil Procedure Act in the decision subject

B. According to Article 451(2) of the Civil Procedure Act, in the case of Article 451(1)7 of the same Act, a lawsuit for retrial may be brought only in cases where “when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive on the act to be punished, or when it is impossible to make a final and conclusive judgment

On the other hand, a judgment of conviction or a judgment of a fine for negligence was finally determined on the facts constituting a crime of perjury by F of the witness of the case subject to review.

There is no evidence to acknowledge that a final and conclusive judgment of conviction or a final and conclusive judgment of a fine for negligence cannot be made for reasons other than lack of evidence.

Therefore, there are no grounds for retrial under Article 451(1)7 of the Civil Procedure Act in the judgment subject to a retrial.

3. Conclusion, the plaintiff .