The action for retrial shall be dismissed.

Litigation costs for retrial shall be borne by the intervenor who supported the defendant (the plaintiff of retrial).

ex officio, we examine the legitimacy of the litigation of this case.

According to the records, the intervenor (the plaintiff of the plaintiff of the retrial) filed the lawsuit of this case on September 11, 2020, but did not state any reason for the retrial in the complaint of the retrial, and did not state any reason for the retrial until now.

Even if a lawsuit for retrial was filed within the period of filing the petition for retrial, the lawsuit for retrial on the ground for retrial that was asserted after the period of filing the petition for retrial is inevitable (see, e.g., Supreme Court Decisions 82Da28, Dec. 28, 1982; 90Da19, Dec. 26, 199). Since the complaint for retrial was submitted on September 11, 2020, the complaint for retrial of this case did not have any objection to the ground for retrial until then, barring any special circumstance, it shall be deemed that the lawsuit for retrial of this case goes beyond the period of filing the petition for retrial under Article 456(1) of the Civil Procedure Act, and thus, it shall be deemed that the lawsuit for retrial of this case was partially lawful (see Supreme Court Decision 2012Da202, Sept. 13, 2012). Therefore, the costs of the lawsuit for retrial of this case shall be dismissed, and the losing person shall be borne by the losing person, as per Disposition with the assent of all participating Justices.