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

The gist of the grounds for the request for retrial of this case is that there exists a ground for retrial under Article 429 of the Civil Procedure Act and Article 5 of the Act on Special Cases Concerning the Procedure for Appeal of Supreme Court, since the Defendants were not aware of the fact of service by public notice in the case subject to retrial, without determining the grounds for appeal on the grounds that there was no ground for appeal in the petition for appeal filed by the Supreme Court, and that there was a ground for retrial under Article 451(1)9 of the Civil Procedure Act.

However, in light of the relevant legal principles and records, the Supreme Court’s delivery of the notification of the receipt of the trial record by public notice is lawful pursuant to Article 194 of the Civil Act. Since it is apparent that the Defendants submitted the appellate brief on May 27, 2015, which was 20 days after the legal period from the effective date of service by public notice, the statutory period of 20 days after the date of service by public notice. Thus, it is justifiable to dismiss the Defendants’ final appeal pursuant to Article 429 of the Civil Procedure Act and Article 5 of the Act on Special Cases Concerning the Procedure for Appeal without determining the grounds for final appeal on the appellate brief, and there is no ground for

Therefore, all of the appeals 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.