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(영문) 대구지방법원 2020.06.24 2019재나117

관리비

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

Reasons

1. The following facts, which became final and conclusive in the judgment subject to review, are apparent in records or significant to this court:

On June 20, 2016, the Plaintiff filed a lawsuit against the Defendant for the claim for management expenses under the Daegu District Court 2016Gaso30778, and the said court rendered a judgment ordering management expenses to be KRW 5,958,369 on June 7, 2017 and damages for delay.

B. On September 19, 2018, the appellate court revoked the part against the Defendant, which exceeds the part of ordering the payment of management expenses of KRW 5,951,868 and damages for delay thereof, and dismissed the Plaintiff’s claim corresponding to the revoked part, and rendered a judgment dismissing the remainder of the Defendant’s appeal. The above judgment became final and conclusive on November 3, 2018.

C. On November 13, 2018, the Defendant asserted that there was a cause for a retrial under Article 451(1)1, 4, 6, 9, 10, and 11 of the Civil Procedure Act in the instant judgment subject to a retrial by the Daegu District Court Decision 2018Na189, and filed a lawsuit for retrial along with the claim added thereto. On May 2, 2019, the said court dismissed all the Defendant’s claims added to the said lawsuit for retrial and the said lawsuit for retrial, and the said judgment became final and conclusive on July 2, 2019.

2. Determination on the grounds for retrial

A. The defendant's assertion that there is a ground for retrial