청구이의
The action for retrial shall be dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
The grounds for request for retrial shall be examined.
The gist of the Plaintiff’s assertion by the Plaintiff (hereinafter “Plaintiff”) is that the instant judgment subject to review omitted the judgment on the violation of the statutes of the lower court.
However, a lawsuit for retrial shall be brought within 30 days from the date the reason for retrial becomes known after the judgment becomes final and conclusive.
(1) According to the records, etc. of Article 456(1) of the Civil Procedure Act, the original copy of the instant judgment subject to a retrial, which dismissed the final appeal on the ground that it constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Final Appeal, was served on the Plaintiff on January 2, 2013. The Plaintiff asserted omission of judgment on September 25, 2017 as grounds for a retrial and filed a lawsuit for retrial
Therefore, the instant lawsuit for retrial was unlawful since it was filed after the lapse of the filing period under Article 456(1) of the Civil Procedure Act from the date when the Plaintiff became aware of the grounds for a retrial omitting judgment, which the Plaintiff
(See Supreme Court Decision 91Da29057 delivered on November 12, 1991, etc.). Moreover, with respect to a judgment dismissing an appeal on the ground that it falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, omission of judgment in the grounds of appeal cannot be deemed grounds for retrial.
(see, e.g., Supreme Court Decision 95Nu176, Feb. 13, 1996). Other grounds for retrial asserted by the Plaintiff do not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, and even upon examining records, the grounds for retrial under each subparagraph of the said Article cannot be found in the judgment subject to retrial.
Therefore, the litigation 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 on the bench.