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

Defendant (Plaintiffs for Retrial) asserts that there are grounds for retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment was omitted on important matters that may affect the judgment) in the judgment subject to retrial.

However, there is no omission of determination as to the grounds of appeal in the judgment subject to a final appeal, on the ground that the argument on the grounds of appeal constitutes a ground for non-judicial review under the Special Act on

(See Supreme Court Decision 95Nu176 delivered on February 13, 1996, etc.). Therefore, the request for retrial is dismissed upon the assent of all participating Justices, 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.