The action for retrial shall be dismissed.

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

ex officio, we examine the legitimacy of the litigation of this case.

According to the records, the plaintiff (the plaintiff) filed a lawsuit for retrial of this case on February 17, 2020, but did not state any grounds for retrial in the petition for retrial, and did not claim any grounds for retrial until now.

Even if a lawsuit for a retrial was filed within the period for filing a retrial, the lawsuit for a retrial on the grounds for retrial that was asserted after the expiration of the period for filing a retrial is inevitable (see, e.g., Supreme Court Decisions 82Da28, Dec. 28, 1982; 90Da19, Dec. 26, 199). Since the petition for a retrial was filed on February 17, 2020, there is no ground for a retrial until now since the filing of the petition for a retrial on February 17, 2020, barring any special circumstance, the lawsuit for a retrial of this case is deemed unlawful on the grounds that the period for filing a retrial under Article 456(1) of the Civil Procedure

(see Supreme Court Decision 2012Da202, Sept. 13, 2012). Therefore, the instant lawsuit for retrial is 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 on the bench.