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

The summary of the grounds for the request for retrial is that there are grounds for retrial under Article 451(1)9 (when a judgment on important matters that may affect a judgment is omitted) and Article 10 (when a judgment for retrial is contrary to a final judgment rendered before the judgment for retrial was rendered) of the Civil Procedure Act.

According to records, the judgment subject to a retrial was determined as to the interest in a lawsuit seeking confirmation of a claim for payment of deposit money, as alleged in the grounds of appeal, and the existence of a party standing to be a party, and no evidence exists to deem that the judgment subject to a retrial did not indicate a judgment on the party’s assertion that is affected by the judgment.

Therefore, there is no ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial.

Meanwhile, according to the records, it is recognized that the judgment on division of inherited property became final and conclusive, in order to divide the deposit money of this case to M who is not the plaintiff (the defendant for review) before the decision for review is rendered.

However, the above judgment is nothing more than a trial on a request for a review of household expenses, which is not a judgment, and is different from the judgment subject to a retrial, so it cannot be deemed that there exists a ground for retrial under Article 451(1)10 of the Civil Procedure Act in the judgment subject

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.