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(영문) 대법원 2016.12.29 2016재다1661
토지인도
Text

All lawsuits for retrial shall be dismissed.

The litigation costs for retrial shall be borne by the defendant (Plaintiffs for retrial).

Reasons

Judgment ex officio is made.

The exercise of the right to trial is also regulated by the principle of trust and good faith in order to protect the other party and secure judicial function.

Unless there are special circumstances, it is permissible to re-examine the same request for retrial on the ground that it is obvious that the request for retrial cannot be accepted by law even though the relevant legal relations have already been rejected by the court, and it is not permissible to abuse the right of action.

According to the records, the defendant (the plaintiff) has repeatedly filed several appeals against the plaintiff (the plaintiff) on the same or similar grounds as the lawsuit of retrial of this case, and all of them have been dismissed.

The lawsuit for retrial of this case also contains the same or similar reasons as the previous petition for retrial, which constitutes an abuse of the right of action, and thus is unlawful.

Therefore, all of the litigation in this case shall be dismissed, and the litigation costs for retrial shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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