beta
(영문) 대법원 2018.07.20 2016재다1777

부당이득반환의 대위청구의 소

Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the Intervenor for the defendant for retrial.

Reasons

The grounds for request for retrial shall be examined.

The grounds for appeal by the Defendant joining the Defendant (the Plaintiff for review) do not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act.

Even upon examining records, the grounds for retrial prescribed in the above subparagraphs cannot be found in the judgment subject to retrial.

Therefore, the retrial is 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 on the bench.