1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

1. We examine the legitimacy of the litigation of this case ex officio as to the lawfulness of the litigation of this case’s retrial.

A retrial can only be filed against a final judgment which has become final and conclusive, and the lawsuit for retrial against a final and conclusive judgment is unlawful, and even if a lawsuit filed prior to the final and conclusive judgment is not dismissed for the reason that it is unlawful, the lawsuit for retrial shall not be deemed legitimate.

(See Supreme Court Decision 80Da1132 delivered on July 8, 1980). On the other hand, the judgment of the court of final appeal under Article 4 of the Act on Special Cases Concerning the Procedure of Final Appeal becomes effective upon delivery to appellant.

(2) Article 5(2) of the Act on Special Cases Concerning Procedure for Trial Proceedings. The Plaintiff filed a final appeal against the instant judgment subject to a retrial. The Plaintiff’s final appeal was dismissed on September 10, 2015 by a judgment with no trial proceeding conducted on or before September 18, 2015, and the original copy of the judgment was served on the Plaintiff’s legal representative on or before September 18, 2015. Meanwhile, the Plaintiff filed a lawsuit for retrial of this case on September 11, 2015 is apparent in the record. Since the judgment subject to a retrial became final and conclusive on September 11, 2015, the lawsuit for retrial of this case was filed on September 11, 2015, which became final and conclusive upon the occurrence of a judgment with no trial proceeding conducted on or after September 18, 2015.

2. As such, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.