beta
(영문) 대법원 2018. 10. 12. 선고 2018재두185 판결

재심청구가 적합한 청구에 해당되는지 여부[국승]

Title

Whether a request for retrial constitutes a suitable claim for retrial

Summary

The petition for retrial of this case is unlawful because it repeatedly filed a petition for retrial and is dismissed for the same reason, and it constitutes an abuse of the right of prosecution.

Cases

Supreme Court-2018Dudu-185 ( October 12, 2018)

Plaintiff-Appellant

Park AA

Defendant-Appellee

The Director of the National Tax Service

Judgment of the lower court

Dismissal

Imposition of Judgment

oly 12, 2018

Text

The action for retrial shall be dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

Reasons

The petition for retrial of this case is unlawful because it repeatedly filed a petition for retrial and is dismissed for the same reason, and it constitutes an abuse of the right of prosecution.

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.