1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport.

A retrial may be filed against a final and conclusive judgment (Article 451(1) of the Civil Procedure Act), and even if a lawsuit filed prior to the final and conclusive judgment is not dismissed on the ground that the lawsuit filed prior to the final and conclusive judgment is unlawful, the said lawsuit for retrial is not deemed legitimate

(see, e.g., Supreme Court Decision 80Da1132, Jul. 8, 1980). According to the record, on May 27, 2014, at the time of filing a lawsuit for retrial of this case, the judgment subject to retrial of this case was not finalized (the judgment subject to retrial of this case reached the Plaintiffs’ service by publication on June 6, 2014), and the plaintiffs’ lawsuit for retrial of this case is unlawful.

The above defects constitute a case where the correction cannot be made (However, since the judgment of this case was dismissed, the plaintiffs can bring a new suit for retrial after the judgment subject to a retrial became final and conclusive). It is so decided as per Disposition by the assent of all participating Justices pursuant to Articles 455 and 219 of the Civil Procedure Act.