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The action for retrial shall be dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
Reasons
The grounds for retrial shall be considered.
The plaintiff (hereinafter "the plaintiff") asserts that there is a ground for retrial under Article 451 (1) 6, 7, and 9 of the Civil Procedure Act in the judgment for retrial, which dismissed a final appeal on the ground that the grounds for final appeal constituted a ground for rejection of a final appeal, even though there is an error of law by misunderstanding significant facts, incomplete deliberation, and misapprehension of legal principles in the judgment
However, a lawsuit for retrial shall be instituted within 30 days from the date when the grounds for retrial become known after the judgment became final and conclusive (Article 8(2) of the Administrative Litigation Act, Article 456(1) of the Civil Procedure Act), and barring special circumstances, if the original copy of the judgment of the court of final appeal is served on the parties, the parties became aware of the existence of grounds for retrial by being aware of the omission of the judgment at the time when the original copy of the judgment was served on the parties, barring any special circumstances. Thus, the period of filing a lawsuit for retrial against the judgment of the court of final appeal
(See Supreme Court Decision 2006Du90 Decided January 11, 2007). According to the records, the original copy of the instant judgment subject to a retrial was served on June 16, 2015 on the Plaintiff, and the Plaintiff filed a lawsuit for retrial on August 7, 2015 after the lapse of 30 days from the Plaintiff.
Therefore, the part concerning a retrial of this case, claiming grounds for retrial under Article 451(1)9 of the Civil Procedure Act, is unlawful as it was filed after the peremptory period under Article 456(1) of the Civil Procedure Act expires
In addition, the argument that the plaintiff cited as the remaining grounds for a retrial does not constitute the grounds for a retrial under Article 451 (1) 6 and 7 of the Civil Procedure Act, and it does not constitute any grounds for a retrial under the same paragraph, and it does not constitute a legitimate ground for a retrial.
Therefore, the litigation for retrial is dismissed, and the costs of retrial are borne by the losing party.