1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, or Plaintiff for retrial).

1. Inasmuch as a lawsuit on a retrial on the final and conclusive judgment that became final and conclusive as to the lawfulness of the lawsuit in this case is permitted only where there exist grounds stipulated under each subparagraph of Article 451(1) of the Civil Procedure Act, the lawsuit on retrial is unlawful where the

(See Supreme Court Decision 82Da14 delivered on September 14, 1982, etc.). However, the main purport of the Defendant’s assertion is to mislead the determination of the judgment subject to a retrial, which does not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act.

2. As such, the instant lawsuit for retrial is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.