건물명도
1. The lawsuit of this case shall be dismissed.
2. The costs of the lawsuit following the review shall be borne by the defendant.
1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:
The Plaintiff filed a lawsuit against the Defendant on November 27, 2014 against this Court No. 2014Gada15244, and this Court rendered a judgment citing the Plaintiff’s claim on November 27, 2014, and the Defendant appealed (this Court 2014Na48559), but this Court rendered a judgment dismissing the appeal on October 30, 2015, and again appealed (Supreme Court 2015Da69662) against the Defendant (Supreme Court 2015Da6962), but the Supreme Court rendered a judgment dismissing the appeal on March 10, 2016.
2. We examine the determination on the legitimacy of a lawsuit for retrial of this case, and Article 451(3) of the Civil Procedure Act provides that where an appellate court rendered a judgment on the merits of a case, a lawsuit for retrial against the judgment of the first instance shall not be brought. Thus, where the appellate court rendered a judgment on the merits of dismissal of a final judgment of the first instance, the subject matter of retrial is not the judgment of the first instance, but the subject matter of
However, the instant lawsuit for retrial is unlawful as it is subject to a judgment of the first instance court, which cannot be subject to retrial, even though the appellate court rendered a judgment on the merits of the judgment subject to retrial.
3. In conclusion, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.