The action for retrial shall be dismissed.

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

The grounds for request for retrial shall be examined.

The gist of the Defendant’s assertion by the Defendant (hereinafter “Defendant”) is that the instant judgment subject to a retrial omitted a judgment on important matters that may affect the judgment.

However, a lawsuit for retrial shall be brought within 30 days from the date the reason for retrial becomes known after the judgment becomes final and conclusive.

(2) Article 8(2) of the Administrative Litigation Act and Article 456(1) of the Civil Procedure Act provides that “When an original copy of the judgment of the court of final appeal is served on a party, the party becomes aware of whether the judgment was omitted at the time the original copy of the judgment was served, and the existence of grounds for retrial was known, barring any special circumstances. Therefore, the period for filing a lawsuit for retrial on the grounds of omitting judgment of the judgment of the court of final appeal shall be calculated from the time when the original copy of the judgment of final appeal was served, and

[See Supreme Court Decision 91Da29057 Decided November 12, 1991; Supreme Court Decision 2006Hu29 Decided March 30, 2007; Supreme Court Decision 201Da380, July 14, 2011; etc.] According to the records, the original copy of the instant judgment subject to a retrial dismissed on the ground that it constitutes Article 4 of the Act on Special Cases Concerning the Procedure for the Trial of Supreme Court was served on the Defendant on November 2, 2010; and the Defendant asserted omission of judgment on October 26, 2015 as grounds for retrial and filed the instant lawsuit for retrial.

Examining these facts in light of the aforementioned legal principles, the instant lawsuit for retrial was unlawful since it was filed after the lapse of the filing period under Article 456(1) of the Civil Procedure Act from the date when the Defendant was served with the original copy of the judgment subject to retrial and became aware

In addition, the omission of judgment on the grounds of appeal cannot be considered as grounds for retrial on the dismissal of a final appeal on the grounds of Article 4 of the Act on Special Cases Concerning Procedure.