1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, and.

1. In a case where the appellate court rendered a judgment on the merits of the final judgment of the first instance on the legitimacy of a lawsuit seeking retrial of this case, the appellate court should request a retrial not only for the first instance judgment but also for the judgment of the appellate court (Article 451(3) of the Civil Procedure Act). The lawsuit seeking a retrial against the judgment of the first instance court

With respect to the instant case, the health department, the first instance court against the Defendant rendered a judgment on the merits against the Defendant, and the fact that the Defendant appealed and rendered a judgment on the merits of dismissal in the appellate court is identical as seen earlier. Therefore, the subject of retrial is not the subject of the appellate court judgment, but the subject of the first instance court judgment.

However, the defendant filed a lawsuit for retrial of this case against the judgment of the first instance court of this case.

Ultimately, the lawsuit of this case is unlawful as it is subject to a judgment that cannot be subject to retrial.

2. According to the conclusion, we decide to dismiss the lawsuit of this case for retrial as per Disposition.