The action for retrial shall be dismissed.

The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, Plaintiff for retrial).

Judgment ex officio is made.

The exercise of the right to trial is also regulated by the principle of trust and good faith in order to protect the other party and secure judicial function.

Unless there are special circumstances, it is permissible to re-examine the same request for retrial on the ground that it is obvious that the request for retrial cannot be accepted by law even though the relevant legal relations have already been rejected by the court, and it is not permissible to abuse the right of action.

According to the records, the Defendant (Counterclaim Plaintiff, Counterclaim Defendant, and Appellant) had repeatedly filed a petition for retrial against the Plaintiff (Counterclaim Defendant, Defendant for retrial) on the same or similar grounds as the instant petition for retrial, and had been dismissed or dismissed.

The lawsuit for retrial of this case also contains the same or similar reasons as the previous petition for retrial, which constitutes an abuse of the right of action, and thus is unlawful.

Therefore, the litigation 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.