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(영문) 대법원 2013.11.28 2013재다537

건물명도

Text

All requests for retrial are dismissed.

The litigation costs for retrial shall be borne by the Defendant (Counterclaim Plaintiff, and Plaintiff for retrial).

Reasons

The grounds for request for retrial shall be examined.

Although the Defendant (Counterclaim Plaintiff, the Plaintiff for review, and the Defendant hereinafter “Defendant”) asserts that there exists a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial, the argument on the grounds of appeal as to the grounds of appeal constitutes a ground for retrial under Article 451(1)9 of the Act on Special Cases Concerning the Procedure for Appeal, and it cannot be deemed that there is no omission in determination as to the grounds of appeal regarding the judgment subject to a retrial without further deliberation, and thus,

In addition, even after examining the grounds alleged by the Defendants in light of the record, there is no ground for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act in the judgment subject to review.

Therefore, all of the defendants' requests for retrial are dismissed, and the costs of lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.