도시개발사업 실시계획인가신청무효확인
All requests for retrial are dismissed.
The costs of retrial shall be borne by the plaintiff (Plaintiffs for retrial).
The grounds for request for retrial shall be examined.
Since there is no omission in judgment on the grounds of appeal in the judgment subject to a retrial, which dismissed a final appeal due to a lack of deliberation, it cannot be viewed as a ground for retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment was omitted on important matters that may affect a claim in the judgment)
(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the filing of a request for retrial, thereby exceeding the bounds of the legal principles as to the filing of a request for retrial. The court below erred by misapprehending the legal principles as to the filing of a request for retrial.