1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, and.

1. On July 10, 2008, the above court rendered a favorable judgment against the plaintiff on the case of objection claim No. 2008Guhap77731 between the plaintiff and the defendant that became final and conclusive in the judgment subject to a retrial, and the defendant appealed on July 10, 2008 by this court as the court 208Nu2275, but this court rendered a judgment dismissing the defendant's appeal on January 23, 2009, and the defendant again appealed by the Supreme Court 2009Du3590, but on April 9, 2009, the Supreme Court rendered a judgment dismissing the appeal on April 14, 2009 and rendered a final and conclusive judgment on April 14, 2009.

2. We examine ex officio the legality of the instant suit for retrial.

According to Article 8(2) of the Administrative Litigation Act, and Article 456(3) of the Civil Procedure Act, a suit for a retrial may not be filed at the expiration of five years after a judgment became final and conclusive. As seen earlier, the fact that the instant judgment subject to a retrial was dismissed and its final and conclusive on April 14, 2009 became final and conclusive. The fact that the instant lawsuit for a retrial was filed on December 23, 2015 after the five-year period for a retrial was expired is apparent in the record, and thus, the instant lawsuit for retrial was filed subsequent to the expiration of the period for a retrial.

3. If so, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.