The litigation of this case shall be dismissed.

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

ex officio deemed.

A person who can bring a lawsuit for a retrial against an original judgment is a party to the judgment subject to a retrial or his successor, etc.

According to the record, the Defendant (Counterclaim Plaintiff) of the judgment subject to a retrial is aware of the fact that he was B, and N, his father, as his father, was directly a plaintiff for a retrial against B’s will and filed a lawsuit for a retrial of this case

In fact, N is not a party to the instant judgment subject to review or a successor thereto, and thus cannot be deemed a party to the instant judgment, since it is not a party to the instant judgment subject to review or a successor thereto.

Therefore, the lawsuit of this case is unlawful and dismissed, and the costs of the lawsuit of this case shall be borne by the plaintiff of this case. It is so decided as per Disposition by the assent of all participating Justices on the bench.