제18대대통령선거무효확인의소
All of the lawsuits for interim confirmation of this case are dismissed.
All requests for retrial are dismissed.
Litigation costs shall be re-adjudications,.
1. The grounds for retrial asserted by the Plaintiff (Plaintiff) as to the grounds for retrial do not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, and the records do not appear to exist in the judgment subject to retrial even after examining the records.
2. The filing of a lawsuit for interim confirmation in a litigation for determination of each intermediate confirmation is based on the premise that the request for a retrial will be accepted. As such, in a case where a ground for retrial is not recognized and a request for a retrial is dismissed, the lawsuit for interim confirmation should be dismissed without the need for further examination as to the existence of a prior legal relationship subject to an adjudication of an intermediate confirmation.
(See Supreme Court Decision 2007Da69834, 69841, Nov. 27, 2008). As seen earlier, it is not recognized that there were grounds for retrial asserted by the Plaintiff (Plaintiff) in the judgment subject to retrial. As such, each intermediate confirmation lawsuit of the instant case is unlawful without further review.
3. Therefore, all of the intermediate confirmation lawsuits in this case are dismissed, all of which are dismissed, and the litigation costs are assessed against the losing parties. It is so decided as per Disposition by the assent of all participating Justices on the bench.