1. The lawsuit of this case shall be dismissed.

2. The costs of the lawsuit shall be borne by the defendant and the plaintiff for retrial (the plaintiff for retrial).

1. As to the legitimacy of the litigation of the retrial of this case, the litigation of the retrial of this case shall be instituted ex officio with respect to the lawfulness of the litigation of this case, and the litigation of the retrial of this case shall be instituted with respect to the final and conclusive judgment (main sentence of Article 451(1) of the Civil Procedure Act). After the judgment subject to retrial was rendered on January 14, 2009 and the original copy of the judgment was delivered on January 22, 2009, to the defendant and the plaintiff for retrial (hereinafter "the plaintiff for retrial") and the plaintiff on January 23, 2009, respectively. However, the fact that the defendant submitted a written complaint of this case to the court on February 3, 2009, which was prior to the expiration of the period for filing the appeal of this case

According to the above facts of recognition, it is unlawful as it is subject to the judgment prior to confirmation of the lawsuit of retrial of this case.

2. In the event that a lawsuit filed prior to the final and conclusive judgment becomes final and conclusive while the lawsuit filed prior to the final and conclusive judgment was not dismissed on the ground of its illegality, the said lawsuit for retrial is not deemed legitimate (see Supreme Court Decision 80Da1132, Jul. 8, 1980).