1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

1. The following facts are apparent or apparent in the appellate court’s judgment subject to a retrial.

The Plaintiffs filed a lawsuit against the Defendant seeking the return of legal reserve of inheritance [In Incheon District Court Decision 2012Ga37, 6737, 2017Gahap10771, 20771, ], and the vice branch of the Incheon District Court rendered a judgment of the first instance that partly accepted the Plaintiffs’ claim on January 25, 2019.

B. Accordingly, the Defendant filed an appeal (Seoul High Court Decision 2019Na201843, 2011850) and the Seoul High Court rendered a judgment subject to a retrial that dismissed the Defendant’s appeal on August 22, 2019.

C. Accordingly, the Defendant filed a second appeal (Supreme Court Decision 2019Da264847, 2019Da264854)) and the Supreme Court rendered a ruling dismissing the Defendant’s final appeal on November 28, 2019 pursuant to Articles 4 and 5 of the Act on Special Cases Concerning the Procedure of Final Appeal, which became final and conclusive on the same day.

2. Whether the litigation for retrial of this case is legitimate

A. The Defendant’s summary of the judgment subject to a retrial was rendered on the grounds of Article 1112 of the Civil Act (hereinafter “instant provision”) which provides for the heir’s forced inheritance, and the judgment subject to a retrial was rendered on the grounds of partial acceptance of the Plaintiffs’ claims. If the Constitutional Court’s review is underway on the unconstitutionality of the instant provision, and, as a result of the Constitutional Court’s review, the decision subject to a retrial should be revoked as a judgment based on the unconstitutional provision. As such, there is a ground for retrial falling under “when the judgment or criminal judgment, or any other judgment or administrative disposition, which forms the basis of the judgment, has been changed according to a different judgment or administrative disposition” under Article 451(1)8 of the Civil Procedure Act.

B. Determination 1) In a case where a lawsuit for retrial was instituted on the grounds that do not constitute legitimate grounds for retrial, the said lawsuit is unlawful and thus ought to be dismissed (see, e.g., Supreme Court Decision 25 October 25, 196).