재심사유에 해당되지 않는 소는 부적법함[각하]
Seoul High Court 2009Nu332 (Law No. 18, 2010)
Early High Court Decision 2008Du1244 (Law No. 23, 2008)
Lawsuits that do not constitute grounds for retrial are unlawful.
If a party had already asserted such a cause in the appellate trial on the decision subject to a retrial or had not knowingly asserted it, this does not constitute a ground for a retrial.
The contents of the decision shall be the same as attached.
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff (Plaintiff).
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition