임차인의 부속물매수청구권
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
Inasmuch as the res judicata of this Court’s decision to provide collateral as of August 9, 2016 and res judicata of this Court’s decision to provide litigation costs is contrary to res judicata of this Court, the Plaintiff (Plaintiff) filed a petition for review of this case on the ground that there exists grounds for retrial under Article 451(1)10 of the Civil Procedure Act “where the said decision to provide collateral is contrary to a final judgment rendered before the judgment was rendered,” as stipulated in Article 451(1)10 of
However, a lawsuit for retrial is allowed only when there exist grounds stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act in the judgment subject to retrial. The grounds alleged by the plaintiff (the plaintiff) do not constitute such grounds, and the decision to offer security becomes an object of a lawsuit for retrial. Therefore, the lawsuit for
Therefore, the retrial suit of this case is dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition.