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(영문) 대법원 2017.11.09 2017재다122
매매대금
Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

Reasons

The grounds for request for retrial shall be examined.

The grounds of appeal on the grounds of appeal cannot be deemed grounds for retrial under Article 451 (1) 9 of the Civil Procedure Act, since there is no omission in determination as to the grounds of appeal in the judgment subject to a retrial, deeming that the grounds of appeal on the grounds of appeal fall under the grounds

(see, e.g., Supreme Court Decisions 96Da479, May 7, 1997; 2008Da502, Feb. 12, 2009). Other grounds for retrial asserted by the Plaintiff (Plaintiff) do not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, as well as the grounds for retrial under each subparagraph of the said Article, even if examining records, cannot be found in the judgment subject to retrial.

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

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