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(영문) 대법원 2015.12.10 2015재두474

주택재개발사업시행인가처분취소

Text

The request for retrial is dismissed.

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

Reasons

The grounds for request for retrial shall be examined.

1. The instant judgment subject to a retrial is a judgment dismissing a final appeal on the grounds of final appeal that the assertion on the grounds of final appeal constitutes a ground for non-trial deliberation under the Act on Special Cases Concerning the Procedure for Appeal, and it is clear in its record that the judgment does not constitute a ground for retrial under Article 8(2) of the Administrative Litigation Act and Article 451(1)6 of the Civil Procedure Act, which is a legal trial, even if there are grounds for forgery or alteration of evidence supporting the fact-finding in the

(2) On December 14, 2001, 2001, 2001, 2001, 510, 2001, 510, see Supreme Court Decision 2001Da510, Dec. 14, 2001).

(3) On April 14, 201, “when a final and conclusive judgment rendered prior to a retrial is contrary to a final and conclusive judgment,” which is a ground for retrial under Article 451(1)10 of the Civil Procedure Act, which is applicable mutatis mutandis by Article 8(2) of the Administrative Litigation Act, refers to the case where a final and conclusive judgment that was rendered prior to the retrial extends to the parties to the judgment subject to retrial. Even if a final and conclusive judgment rendered prior to the retrial concerns a case similar to that of the judgment subject to retrial, such a final and conclusive judgment does not constitute grounds for retrial if the res judicata effect of the judgment does not extend to the parties to the judgment (see Supreme Court Decision 97Da32833, Mar. 24, 1998). The Plaintiff’s assertion of the final and conclusive judgment does not constitute grounds for retrial (see Supreme Court Decision 97Da32833, Mar. 24, 199). Therefore, the judgment against the parties to the