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1. All of the lawsuits for retrial of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
Reasons
The following facts are apparent in the records of the judgment subject to a retrial:
The Plaintiff filed a lawsuit against the Defendant as Busan District Court 2014Kadan66761, and the above court rendered a judgment of partial acceptance of the Plaintiff’s claim that “The compulsory execution based on the Busan District Court Decision 2008Gahap4394 (main claim), 2008Gahap12142 (Counterclaim) against the Plaintiff and the part exceeding the amount calculated at the rate of 20% per annum from September 12, 2011 to the date of full payment.”
Plaintiff
In addition, the defendant appealed against it and filed an appeal with Busan District Court 2016Na42319. On September 23, 2016, the appellate court rendered a ruling that "as to compulsory execution based on the Busan District Court 2008Gahap4394 (principal lawsuit) and 2008Gahap12142 (Counterclaim), the amount exceeding the amount calculated at the rate of 20% per annum from May 31, 2014 to the date of full payment shall not be permitted (hereinafter referred to as "the subject judgment")."
Plaintiff
In addition, the Defendant, who is dissatisfied with the judgment subject to a retrial, filed an appeal by Supreme Court Decision 2016Da259394, but the Supreme Court dismissed all the appeals by the Plaintiff and the Defendant on January 12, 2017, and around that time, the judgment subject to a retrial became final and conclusive.
Plaintiff’s assertion
The Plaintiff asserted grounds for retrial under Article 451(1)8 and 10 of the Civil Procedure Act has filed a lawsuit against the Defendant against the Defendant seeking return of unjust enrichment from the use or profit-making of a vinyl house sold in lots by the Defendant (i.e., Busan District Court Decision 201Da123892, hereinafter “related cases”), and the court of first instance rendered judgment that the Plaintiff had the right to claim for return of unjust enrichment from the use or profit-making of a vinyl house owned by the Defendant or for tort, but the judgment subject to retrial was