The action for retrial shall be dismissed.

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

The grounds for retrial shall be examined.

1. A lawsuit for a retrial against a judgment of the court of final appeal shall be permitted only when there are grounds stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act in the proceedings of final appeal or the judgment of the court of final appeal. Thus, the court of final appeal shall not have a position of fact-finding unless the matters to be examined ex officio are matters. However, the judgment of evidence and the legitimacy of fact-finding by the second instance court which is the fact-finding court is merely the judgment of the court of final appeal and the facts duly confirmed by the fact-finding court are bound by the court of final

(see, e.g., Supreme Court Decisions 99Ja746, Apr. 11, 2000; 2005Ja242, Apr. 14, 2006). Therefore, the argument that there is a ground for retrial falling under “when documents and other items used as evidence for a judgment are forged or altered” under Article 451(1)6 of the Civil Procedure Act (see, e.g., Supreme Court Decisions 9Da746, Apr. 11, 200; 2005Da242, Apr. 14, 2006) cannot be a legitimate ground for retrial.

2. Examining the Plaintiff’s assertion, it cannot be said that there exists a legitimate ground for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act regarding the judgment subject to a retrial.

3. Therefore, the suit of this case is dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.