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(영문) 대법원 2014. 06. 26. 선고 2014재두101 판결

동일한 처분의 판결을 선고받았음에도 배척된 이유를 청구원인으로 제기한 본 소는 기각 대상임[국승]

Case Number of the immediately preceding lawsuit

Supreme Court Decision 2011Du28974 ( October 15, 2012)

Title

The action is subject to dismissal, which was brought for the reasons rejected even if the judgment of the same disposition was rendered.

Summary

"If the Supreme Court judged that the argument on the grounds of appeal falls under the grounds of appeal under the grounds of appeal under Article 4 of the "Act on Special Cases concerning the Procedure for Appeal" and dismissed the appeal without further deliberation, it shall not be deemed that the judgment on the important matters that may affect the judgment is omitted" (Contents of the judgment)

Cases

2014Bed 101 Global Income and Revocation of Disposition

Plaintiff (Reexamination Plaintiff)

Park AA

Defendant (Re-Defendant)

head of Dongjak-gu Tax Office

Judgment Subject to Judgment

Supreme Court Decision 2011Du28974 Decided March 15, 2012

Imposition of Judgment

June 26, 2014

Text

The request for retrial is dismissed.

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

Reasons

We examine the reasons for the request for retrial.

Article 451(1)9 of the Civil Procedure Act (amended by Act No. 851, Jun. 26, 2008; Act No. 8554, Jun. 26, 2008; Act No. 8885, Jun. 26, 2008; Act No. 8879, Jun. 26, 2008; Act No. 88855, Feb. 29, 2008; Act No. 88885, Feb. 26, 2008; Act No. 8887, Feb. 29, 2008; Act No. 8855, Feb. 26, 2008).