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(영문) 대법원 2021.03.25 2020재다38820

사용료

Text

The action for retrial shall be dismissed.

Litigation costs for retrial shall be borne by the plaintiff.

Reasons

According to the records, the plaintiff cannot be deemed to be a party to the judgment subject to a retrial or a successor thereto, and thus, the lawsuit of this case raised at the higher level of the retrial court is an incidental law.

Therefore, the lawsuit for retrial shall be dismissed, and the costs of retrial shall be borne by the plaintiff. It is so decided as per Disposition by the assent of all participating Justices on the bench.