2. The costs of retrial shall be borne by the plaintiff.

The gist of the grounds for a retrial is that the lower judgment’s argument on the grounds of final appeal against the judgment subject to a retrial falls under Article 4(1)2, 3, and 5 of the Act on Special Cases Concerning the Procedure for Appeal, and the deliberation should continue. Although there were absolute grounds for final appeal under Article 424(1)6 of the Civil Procedure Act, the lower court’s judgment on the judgment subject to a retrial erred

However, a suit for a retrial may be filed against a final judgment that became final and conclusive only when there exist grounds for a retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, which is applicable mutatis mutandis under Article 8(2) of the Administrative Litigation Act. The foregoing grounds alleged as grounds for a retrial do not constitute legitimate grounds for retrial under each subparagraph of Article 451(

Inasmuch as the grounds for a retrial did not decide on the grounds for appeal by the original judgment, there were grounds for a retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment was omitted on important matters that may affect a judgment) in the original judgment, the grounds for a retrial cannot be omitted as to the grounds for a retrial that dismissed a final appeal due to a non-trial hearing. Thus, this cannot be deemed grounds for a retrial under Article 451(1)9 of the Civil Procedure Act.

(2) In light of the above legal principles, the retrial of this case is 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.