재심사유에 해당하는지 여부[국승]
Whether it constitutes a ground for retrial
The plaintiff's request for retrial shall be dismissed because the plaintiff's request for retrial has no special circumstance to protect his/her right and constitutes abuse of his/her
Article 451 of the Civil Procedure Act
All lawsuits for retrial shall be dismissed.
The costs of retrial shall be borne by the plaintiff (Plaintiffs for retrial).
The exercise of the right to trial is also regulated by the principle of trust and good faith in order to protect the other party and secure judicial function. Thus, it is obvious that the court cannot accept the request for retrial on several occasions for the same reason, even though it has been affirmed by rejection of the request for retrial on the same grounds, it would result in bullying of the other party, and furthermore, it would be unnecessary to use the judicial human resources. Therefore, such a lawsuit may not be allowed as it abuse the right of lawsuit, unless there are special circumstances (see Supreme Court Decision 2001Du149, Apr. 12, 2002).
According to the records, even though the plaintiff (the plaintiff) has been dismissed or dismissed on several occasions on the same ground, the plaintiff (the plaintiff) again filed the lawsuit in this case by citing the grounds for retrial, and there is no special circumstance that the plaintiff (the plaintiff) should have the right to file the lawsuit in this case. Thus, the lawsuit in this case constitutes an abuse of the right to file the lawsuit in this case and thus, the lawsuit in this case cannot be allowed.
Therefore, all of the lawsuits in this case are dismissed, and the costs of the retrial shall be borne by the losing parties (Plaintiffs). It is so decided as per Disposition by the assent of all participating Justices on the bench.