부당이득금
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. Article 456(3) of the Civil Procedure Act provides that “No lawsuit shall be filed for retrial when five years have passed after the judgment became final and conclusive,” regarding the legitimacy of the lawsuit against Defendant B.
Since the judgment subject to a retrial was rendered on November 10, 2006 and became final and conclusive on December 1, 2006, it is evident that the facts were recorded, the lawsuit filed against Defendant B, which had been filed on April 2, 2015 more than five years thereafter, is unlawful as it was filed with the lapse of the period for filing a retrial.
2. As a matter of principle, the retrial party is a party to the judgment subject to a retrial, a suit seeking the revocation of a final and conclusive judgment and the exclusion of res judicata.
However, the parties to the instant judgment subject to a retrial are Plaintiff B and Defendant B, and the Defendant for a retrial (hereinafter “Defendant”) is not a party to the judgment subject to a retrial, and the facts are clearly indicated in the record.
Therefore, the lawsuit of this case against Defendant D is unlawful as it was filed against a person who is not qualified as a party to the retrial.
[Attachment, according to the records, the plaintiff and defendant D's lawsuit (the Daegu District Court 200Kadan669 (principal suit), 2000Kadan6766 (Counterclaim), 2001Na8798 (principal suit), 2001Na8804 (Counterclaim), and Supreme Court 2002Da46140 (principal suit), 2002Da46140 (Counterclaim), 2002Da46157 (Counterclaim)) can be acknowledged. However, the plaintiff is not seeking a retrial against the above lawsuit, but seeking a retrial against the judgment subject to a retrial which had been between the plaintiff and defendant B). The lawsuit of this case is unlawful and dismissed. It is so decided as per Disposition.