The request for retrial is dismissed.

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

The grounds for request for retrial shall be examined.

The judgment subject to a review is a case subject to review, and thus, it does not constitute a change in the previous opinion of the Supreme Court.

Therefore, it cannot be said that there are grounds for retrial under Article 451(1)1 of the Civil Procedure Act (when a judgment court is not constituted under the law) on the ground that no two-thirds or more of all Justices were conducted at a collegiate body.

(2) Article 451(1)9 of the Civil Procedure Act (see, e.g., Supreme Court Decision 97Da394, Jun. 13, 1997). In addition, the judgment subject to a retrial, which dismissed a final appeal due to no trial proceeding, cannot be deemed as a ground for retrial under Article 451(1)9 of the Civil Procedure Act (see, e.g., Supreme Court Decision 9

(see, e.g., Supreme Court Decision 95Nu176, Feb. 13, 1996). Other grounds asserted by the Plaintiff (Plaintiff) are not legitimate grounds for retrial.

Therefore, the retrial costs are 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.