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(영문) 대법원 2016. 05. 12. 선고 2015재두610 판결

재심청구를 거듭하는 것은 소권을 남용한 부적법한 청구임[국승]

Case Number of the immediately preceding lawsuit

Supreme Court-2015-Redu-504 ( December 10, 2015)

Title

When a request for retrial has been repeated, it is unlawful to abuse the right of action.

Summary

A lawsuit for retrial is inappropriate because it has been repeatedly filed several times and the petition for retrial has been repeatedly dismissed or dismissed for the same reason, and it constitutes an abuse of the right of lawsuit.

Cases

Supreme Court-2015Du-610 (No. 12, 2016)

Plaintiff-Appellant

Park AA

Defendant-Appellee

The Director of the National Tax Service

Judgment of the lower court

National Rotations

Imposition of Judgment

obs 2016.12

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 as it has been repeatedly filed several times, and the petition for retrial has been repeatedly filed for the same reason, which was dismissed or dismissed, and thus constitutes an abuse of the right of lawsuit.

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.