The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff for retrial.

The grounds for request for retrial shall be examined.

The summary of the grounds for a retrial asserted by the plaintiff (the plaintiff) is that the judgment of the court below in the judgment subject to a retrial contains an error of law in violation of the principle of pleading, and thus, it cannot be said that the judgment dismissing the grounds for appeal, but the decision subject to a retrial is dismissed as it is judged that the grounds for appeal constituted a ground for rejection of hearing, and thus, the grounds for a retrial under Article 451 (

However, there is no omission of determination as to the grounds of appeal in a judgment dismissing the appeal without further deliberation, considering that the assertion on the grounds of appeal as to the grounds of appeal falls under the grounds of non-judicial review under the Act on Special Cases Concerning the Procedure of Appeal, and thus, it cannot be deemed as grounds for retrial under Article 451

(see, e.g., Supreme Court Decision 2008Reda502, Feb. 12, 2009). Moreover, the Plaintiff’s other arguments do not constitute legitimate grounds for retrial.

Therefore, the retrial costs are dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.