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

The judgment subject to review, inasmuch as the assertion on the grounds of appeal on the grounds of final appeal constitutes a ground for non-judicial review under the Act on Special Cases Concerning the Procedure for Appeal, was dismissed without further deliberation, the judgment subject to review omitted

there is no room for violation of the previous Supreme Court ruling.

(see, e.g., Supreme Court Decision 2008Reda502, Feb. 12, 2009). Other grounds that Defendant (Plaintiffs for retrial) is the grounds for a retrial against a judgment subject to a retrial do not fall under any of the grounds for a retrial under each subparagraph of Article 451(1) of the Civil Procedure Act.

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 on the bench.