Remand the case after the entry into force, the winning party the appeal fee should be how to deal with?

   Our hospital accepted the plaintiff bears sues a defendant Kwak against housing ownership dispute case, the court rejected a request of the bear. Bear a certain appeal, the ruling of the second instance remand the case for retrial, after the decision to support the bear a request. After the verdict, the original, accused both sides did not appeal, the case has taken legal effect. The plaintiff bears a for execution, the cost of appeal put forward its advance by Kwak bear. In this regard, the court has two opinions. A kind of opinion thinks, the case for retrial to support the plaintiffs request, the two sides did not appeal, court of first instance ruling shall be borne by the losing party to bear costs. According to another view, the cost of appeal should bear trial court remanded the case to determine, for a trial after the two sides did not appeal, the original advance fee shall be borne by the appellant appeals for the second instance court returned. Which one is right?
    "The people's court litigation fees" seventeenth stipulates: "the people's Court of second instance retrial cases, appeals to pay fee, non refundable; retrial and appeal, not paying the fee for accepting the case." The provisions of the understanding is, for a rehearing of the case, the second instance court has been hearing, so no refund the court costs, but if the same case and an appeal, does not need to be repeated to pay court costs. The fees for accepting a cannot bear for instance court returned its appeal cases.
    Because of restriction of trial grade, the court of first instance of the second instance court costs can not make the treatment, do not need to appeal the decision cost by bear a burden. The court of first instance only need to make changes in the case of retrial litigation cost burden on the first instance judgment, the defendant Guo Mou undertake a trial litigation expenses. To bear a proposed by Guo Mou undertakes the appeal fee request is not supported.