도로변상금부과처분일부무효확인
The action for retrial shall be dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
A lawsuit for retrial may be instituted only when there is a cause falling under any of the subparagraphs of Article 451(1) of the Civil Procedure Act, which shall apply mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, and the assertion that the judgment subject to retrial was erroneous without specifying the cause is not recognized
In addition, the judgment dismissing a final appeal on the ground that it constitutes a ground for non-performance of hearing under the Act on Special Cases Concerning the Procedure for Appeal cannot be said to be a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act, since there is no omission
(2) As to the judgment subject to a retrial, the Plaintiff (Plaintiff) merely pointed out that there was a mistake in fact-finding and determination of the judgment subject to a retrial, which is the grounds for retrial, as well as the specific grounds for retrial as to the judgment subject to a retrial, as the grounds for retrial in this case (see, e.g., Supreme Court Decision 2003Meu17, Apr. 25, 2003). As such, the instant lawsuit for
Therefore, the litigation for retrial is 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.