The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff (Plaintiff).

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal concerning the omission of judgment, the Civil Procedure Act shall apply mutatis mutandis pursuant to Article 8 of the Administrative Litigation Act to the review of the judgment on a trial decision revocation lawsuit, which is a kind of administrative litigation

In addition, the grounds for a retrial under each subparagraph of Article 451(1) of the Civil Procedure Act constitute separate grounds for a retrial. Therefore, whether the period for filing a lawsuit for retrial complies with the above subparagraphs should be considered for each ground for retrial under each of the above subparagraphs.

On the other hand, if the original copy of judgment is served, the party becomes aware of the omission of judgment in the judgment at the time of being served with the original copy of judgment, barring any special circumstances, and thus, the existence of grounds for retrial was known

Therefore, if a judgment becomes final and conclusive later, the period of filing a lawsuit for retrial on the grounds of omitting the above judgment shall be calculated from the time the judgment subject to retrial becomes final

(1) The Plaintiff (hereinafter “Plaintiff”) was served with the original copy of the instant judgment subject to a retrial on May 23, 2011, when examining the record in light of the above legal principles. It is reasonable to view that there was a ground for retrial, which omitted the judgment as to whether the period of exclusion of the assertion in the judgment subject to a retrial was complied with, on September 28, 1993.

However, it is evident that such grounds for retrial have been asserted only after the Plaintiff became aware of its existence and after the lapse of 30 days from July 18, 201, which became final and conclusive, from October 12, 2011.

Ultimately, the above grounds for retrial are asserted after the lapse of the period for filing a lawsuit for retrial, and a lawsuit for retrial on this part is unlawful and dismissed.

Therefore, even if there is no judgment on the grounds for retrial in the reasoning of the judgment of the court below, such judgment is omitted.