토지
The litigation of this case shall be dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
A retrial suit may be instituted only when there exist grounds for retrial stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act. The grounds cited by the Plaintiff (hereinafter “Plaintiff”) do not constitute such grounds, and thus, the instant suit is unlawful.
Even if the Plaintiff’s assertion is deemed to have grounds for retrial under Article 451(1)4 of the Civil Procedure Act (the time when a judge, who participated in a trial, commits a crime relating to his duties) in the judgment subject to retrial, a retrial may be instituted only when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive or a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence in accordance with Article 451(1)4 of the Civil Procedure Act, even if the record is examined, it is difficult to view that there are such reasons as to the judgment subject to retrial of this case. Accordingly,
Therefore, the retrial suit of this case is dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.