(심리불속행) 이 사건 재심의 소는 제소기간을 경과하였고, 재심사유도 존재하지 아니함.[국승]
Daejeon High Court 2016Nu2004 (2016.09)
(Resckless Conduct of Trial) The period for filing the instant suit for review has expired, and there is no ground for retrial.
(2) The court below's decision on the retrial of this case is unlawful since it was filed more than 30 days from the date on which the judgment for retrial became final, and more than 5 years, and there is no ground for retrial as asserted by the plaintiff.
Articles 456 and 451 of the Civil Procedure Act
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff (Plaintiff).
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by