1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

On the other hand, when the appellate court rendered a judgment on the merits of the case ex officio, it did not institute a lawsuit on the judgment of the first instance, and the appellate court has exclusive jurisdiction over the court which rendered a judgment to institute a new trial (Articles 451(3) and 453(1) of the Civil Procedure Act). Thus, the lawsuit filed in the first instance court against the judgment of the first instance, which is not the appellate court, is a judgment that is not the object of new trial, and is an illegal lawsuit that lacks the litigation requirements for new trial, and the appellate court rendered a judgment on the merits of the judgment subject to new trial in the appellate court.