Supreme Court Decision 2010Du59 ( October 10, 2010)

In case of a request for re-determination for the same cause several times, it shall be dismissed as an abuse of the right of action.

Unless there are any special circumstances, filing a new petition for a retrial with the same content, on the ground that it is obvious that it is impossible to accept it by law, even though the court has dismissed the petition for retrial on several occasions due to the same reason, is an abuse of the right and thus dismissed as it is not acceptable

2011Revocation of revocation of imposition of transfer income tax

1. Park A2. Sheb

○ Head of tax office

Supreme Court Decision 2010Du59 Decided June 10, 2010

July 28, 2011

All lawsuits for retrial shall be dismissed.

The costs of retrial shall be borne by the plaintiff (Plaintiffs for retrial).

Notwithstanding the fact that a court has rejected a request for retrial on several occasions due to the same reason, filing a new request for retrial with the same content cannot be accepted by law for an obvious reason, barring any special circumstance, may not be allowed as it abuse the right of action.

In this case, although the plaintiff (the plaintiff) had been dismissed or dismissed by the Supreme Court on the same ground several occasions, it can be seen that the plaintiff filed a lawsuit of this case again on the record that the plaintiff (the plaintiff) filed a lawsuit of this case, and there is no special circumstance that the plaintiff (the plaintiff) should file a lawsuit of this case and be protected by the right.

Therefore, all of the lawsuits in this case are dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.