The request for retrial is dismissed.

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

The grounds for request for retrial shall be examined.

The grounds for rejecting an appeal due to the non-examination of the cases falling under Article 4 (1) 2, 4, and 6 of the Act on Special Cases concerning the Procedure for Appeal are not legitimate grounds for retrial.

In addition, it cannot be said that there is any omission in the judgment subject to a retrial, which dismissed a final appeal due to a lack of deliberation, as a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act (when the judgment was omitted on important matters that may affect the judgment), it cannot be said that

(See Supreme Court Decision 95Nu176 delivered on February 13, 1996, etc.). Accordingly, the request for retrial is dismissed upon the assent of all participating Justices, 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.