(심리불속행)민사소송법 제451조 제2항의 요건을 증명하지 못하므로 재심의 소는 부적법함[국승]
Seoul High Court 2013Na225 ( October 23, 2013)
The lawsuit for retrial is unlawful because it fails to prove the requirements of Article 451(2) of the Civil Procedure Act.
(1) The plaintiff did not prove that the plaintiff's summary constitutes "when the judgment of conviction or the judgment of imposition of a fine has become final and conclusive or when it is not possible to make a final and conclusive judgment of conviction or imposition of a fine for negligence for reasons other than lack of evidence" under Article 451 (2) of the Civil Procedure Act. Thus, the plaintiff's lawsuit of retrial of this case is unlawful.
2013Da215935 Compensation, etc.
IndianA
Korea
Seoul High Court Decision 2013ReNa225 Decided October 23, 2013
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff (Plaintiff).
The judgment of the court below and the appellate brief all of the records of this case, but the appellant's ground of appeal is not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal or it is recognized that there is no reason. Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by