beta
(영문) 대법원 2018.11.09 2018재다15374

가등기말소

Text

The action for retrial shall be dismissed.

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

Reasons

A lawsuit for retrial is allowed only when the grounds prescribed in each subparagraph of Article 451(1) of the Civil Procedure Act exist. The grounds alleged by the defendant (the plaintiff for retrial) do not constitute such grounds, and the lawsuit for retrial of this case is unlawful.

Therefore, the litigation for retrial is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.