[파면처분취소][공1988.8.1.(829),1124]
Date of the commencement of the period of filing a petition for retrial on the ground of rejection
Unless special circumstances exist, the attorney at the time of service of the judgment shall be deemed to have known of whether there was a omission of judgment at the time of service of the judgment, and if that attorney at the time of service of the judgment, the parties to the lawsuit shall also be deemed to have known of the fact that there was a omission of judgment in the final judgment. Therefore, the period of time for filing a lawsuit for retrial on the ground that there was
Article 426 of the Civil Procedure Act
Supreme Court Decision 84Meu3 Delivered on February 28, 1984
Plaintiff
Jeonnam-do Governor (Attorney Kim Dong-ju, Counsel for defendant-appellant)
Gwangju High Court Decision 87Re-Gu3 delivered on December 10, 1987
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
We examine the grounds of appeal.
Unless special circumstances exist, the attorney at the time of service of the judgment shall be deemed to have known of whether there was a deviation from the judgment at the time of service of the judgment, and if that attorney at the time of his knowledge of this, it shall be deemed to have known of the parties to the lawsuit. Therefore, the period of the lawsuit for retrial on the ground that there was a deviation from the judgment on the final judgment, shall be calculated from the time when the judgment was served (see Supreme Court Decision 84Meu3, Feb. 28, 1984)
In addition, the reasons that there was a lack of legal knowledge or lack of work between construction works and that there was no knowledge of the grounds for a retrial cannot be deemed to constitute a special circumstance in which there was no knowledge of the grounds for a retrial.
In the same purport, the court below was just to dismiss the lawsuit of this case for retrial on the ground that the plaintiff's attorney was filed with the judgment subject to a retrial or a final and conclusive judgment, but the period for filing a retrial has expired, and there is no error of law by misunderstanding legal principles as
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the plaintiff. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jong-chul (Presiding Justice)