The action for retrial shall be dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

Judgment ex officio is made.

In accordance with Article 451(1) and (2) of the Civil Procedure Act, a lawsuit for retrial shall be instituted within a peremptory period of 30 days from the date when the party becomes aware of the grounds for retrial after the judgment became final and conclusive, and the grounds for retrial under Article 451(1)1 of the same Act, barring any special circumstance, was known that the party becomes aware of the existence of the grounds for retrial when he was served with the original copy of the judgment (see, e.g., Supreme Court Decision 4290Da33, Aug. 24, 1961). In a case where there is an attorney, barring any special circumstance, when the judgment was served on the attorney, the party shall be deemed to have known of the existence of the grounds for retrial, barring any special circumstance, so the period for retrial shall continue from the time when

(See Supreme Court Decisions 87Nu732 delivered on December 27, 198, 92Da33930 delivered on September 28, 1993, etc.). The Plaintiff (hereinafter “Plaintiff”) rendered a request for retrial on grounds of Article 451(1)1 of the Civil Procedure Act, on the ground that the judgment subject to retrial was rendered by a panel composed of less than two-thirds of all Justices solely of the Supreme Court, on the ground that: (a) the judgment subject to retrial is either a modification of the opinion of the previous Supreme Court decision, or an order or rule is recognized as a violation of the Constitution or law; or (b) the judgment was rendered by a panel consisting of

However, according to the records, since the judgment subject to review was served on the plaintiff's legal representative on December 15, 2009, the plaintiff knew of the existence of the above grounds for retrial around that time. The petition for retrial of this case submitted by the plaintiff on January 13, 2010 does not include any assertion on the grounds for retrial under subparagraph 1, and thereafter, it is obvious that the supplementary statement of the grounds for retrial (the grounds for retrial) stated in subparagraph 1 was received by the court on September 20, 2010, when the term of the above 30-day peremptory period was exceeded. Thus, the lawsuit of this case is filed.