토지수용재결처분취소 등
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. According to the record of confirmation of the judgment subject to a retrial, the following facts may be recognized:
The Plaintiff filed a lawsuit against the Defendants as the Cheongju District Court 2013Guhap1053, which sought a judgment, such as the purport of the claim, but the above court dismissed the part of the Plaintiff’s claim on October 10, 2013, and dismissed the remainder of the claim.
B. The Plaintiff appealed from Daejeon High Court (Cheongju) 2013Nu5280, but the said court dismissed the Plaintiff’s appeal on September 24, 2014.
(Re-deliberation Decision).
On October 7, 2014, the Plaintiff served a certified copy of the original judgment subject to a retrial. On October 16, 2014, the Plaintiff appealed by Supreme Court Decision 2014Du43202.
On January 29, 2015, the Supreme Court dismissed the plaintiff's appeal due to the delay of hearing in accordance with Articles 4 and 5 of the Act on Special Cases Concerning the Procedure of Appeal. The judgment was served on the plaintiff on February 7, 2015.
On March 5, 2015, the Plaintiff filed a lawsuit for reexamination of the instant case.
2. Whether a lawsuit for retrial is lawful;
A. The plaintiff asserts that there are grounds for retrial under Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted on important matters affecting the judgment), which did not determine the evidence presented by the plaintiff in the judgment subject to a retrial, or on the allegations and relevant legal principles presented by the plaintiff.
B. However, according to the proviso of Article 451 (1) of the Civil Procedure Act, which applies mutatis mutandis to the administrative litigation, the grounds for retrial under Article 451 (1) 9 of the Civil Procedure Act cannot be a legitimate ground for retrial against the judgment of the court of final appeal, regardless of whether the grounds for retrial were asserted as the grounds for final appeal, barring any special circumstances (see, e.g., Supreme Court Decision 2006Da4205, Jun. 29, 2007). The same applies to cases where the court of final appeal dismisses the appeal against the judgment of the court of final appeal in bad faith, in light of the purport of the proviso of Article 451 (1) of the Civil Procedure Act