The litigation costs for retrial shall be borne by the plaintiff (the intermediate confirmation plaintiff and the review plaintiff).

In light of the relevant legal principles and records, there is no ground for retrial under Article 451(1)1 of the Civil Procedure Act (when a judgment court is not constituted under the law) in the judgment subject to retrial.

Therefore, the retrial costs are 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.