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

There is no room to deem that the judgment dismissing the final appeal on the ground of final appeal on the ground that the argument on the grounds of final appeal falls under the grounds for non-exclusive deliberation as prescribed by the Act on Special Cases concerning

(see, e.g., Supreme Court Decisions 95Nu176, Feb. 13, 1996; 201Da540, Aug. 18, 2011). According to the records, it can be known that the instant judgment subject to a retrial falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the argument that there exists a ground for retrial under Article 451(1)9 of the Civil Procedure Act cannot be accepted.

Therefore, the retrial 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.