The request for retrial is dismissed.

The cost of review shall be included in the part resulting from the participation in the litigation.

The grounds for request for retrial shall be examined.

The gist of the grounds for a retrial asserted by the plaintiff (the plaintiff, the designated party) is that there is a ground for retrial since the plaintiff (the plaintiff, the designated party) dismissed the appeal on the ground of appeal that the argument on the grounds for a retrial constitutes a ground for non-performance of deliberation, even though there are grounds prescribed in Article 4(1)2

However, there is no legitimate ground for retrial that the appeal to the Supreme Court dismissed the case falling under Article 4 (1) 2 of the Act on Special Cases Concerning the Procedure of Appeal due to the non-examination.

Furthermore, there is no omission of determination as to the grounds of appeal in a judgment dismissing the final appeal without further deliberation, considering that the assertion on the grounds of appeal as to the grounds of final appeal falls under the grounds of no trial under the Act on Special Cases Concerning the Procedure of Appeal, and thus, it cannot be deemed as grounds for retrial under Article 451

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles on the grounds that the court below did not err by misapprehending the legal principles on the grounds that the court below did not err by misapprehending the legal principles on the grounds that the court below did not err by misapprehending the legal principles on the grounds that the court below erred by misapprehending the legal principles on the grounds of appeal.