The litigation costs for retrial shall be borne by the plaintiff.

The grounds of appeal on the grounds of appeal are no further omission in determination of the grounds of appeal in the instant judgment subject to a retrial which dismissed without further deliberation by deeming that the grounds of appeal on the grounds of appeal fall under the grounds of a lack of deliberation under the Act on Special Cases Concerning the Procedure for Appeal, and thus, cannot be deemed grounds

(see, e.g., Supreme Court Decision 95Da212, Nov. 28, 1995). Other grounds for retrial asserted by the Plaintiff (Plaintiff) do not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act. Moreover, even upon examining the record, the grounds for retrial under each of the above subparagraphs cannot be found in the judgment subject to retrial.

Therefore, the retrial is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.