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(영문) 대법원 2017. 10. 26. 선고 2017재두188 판결

이 사건 재심의 소는 소권의 남용에 해당하여 부적법함[각하]

Case Number of the immediately preceding lawsuit

Supreme Court-2017-Du-138 (No. 26, 2017)

Title

The lawsuit for retrial of this case is unlawful as it constitutes an abuse of the right of lawsuit.

Summary

The retrial suit of this case is unlawful as it constitutes an abuse of the right of lawsuit, and thus all of it is dismissed.

Related statutes

Article 456 of the Civil Procedure Act: Period for Filing Petition for Retrial

Cases

2017du188 global income tax and additional tax and revocation of disposition

Plaintiff (Re-Appellant)-Appellant

IsaA

Defendant (Re-Defendant)-Appellee

BB Head of the Tax Office and one other

Judgment of the lower court

Supreme Court Decision 2017Du138 Decided October 26, 2017

Imposition of Judgment

October 26, 2017

Text

All lawsuits for retrial shall be dismissed.

All of the litigation costs for retrial shall be borne by the plaintiff.

Reasons

Since the instant lawsuit for retrial is unlawful as it constitutes an abuse of the right of lawsuit, all of the appeals 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.