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The request for retrial is dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
Reasons
The grounds for request for retrial shall be examined.
Inasmuch as there is no room to deem that a judgment dismissing a final appeal on the grounds of final appeal on the grounds that the grounds of final appeal constituted a ground for non-judicial review under the Act on Special Cases Concerning the Procedure for Appeal, the judgment dismissing the final appeal was omitted (see, e.g., Supreme Court Decisions 95Nu176, Feb. 13, 1996; 201Da540, Aug. 18, 201). Accordingly, the argument in the grounds of final appeal premised on the existence of a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a final appeal
Therefore, the retrial is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.