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(영문) 대법원 2016.07.07 2016재다736

소유권말소등기

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All lawsuits for retrial shall be dismissed.

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

Reasons

The grounds for retrial shall be examined.

A lawsuit for retrial is allowed only where there exist grounds stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act. The grounds alleged by the plaintiff for retrial do not constitute such grounds, and the lawsuit for retrial of this case is unlawful.

Therefore, all of the lawsuits for retrial of this case are 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 on the bench.