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(영문) 대법원 2007. 12. 13. 선고 2007재두226 판결
재심사유에 해당하는지 여부[각하]
Title

Whether it constitutes a ground for retrial

Summary

The reason why the request for retrial has been rejected or rejected by the Supreme Court shall be determined as the grounds for reversal, and there is no special circumstance in which the rights should be protected as long as the lawsuit has been brought again.

Text

All lawsuits for retrial shall be dismissed.

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

Reasons

Despite the fact that a court has rejected and confirmed a request for retrial on several occasions due to the same reason, repeated a request for retrial with the same content cannot be accepted by law would result in bullying of the other party, and further, unnecessary consumption of judicial human resources. Therefore, such a lawsuit may not be allowed as it abuse the right of action, barring any special circumstance.

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

Therefore, all of the lawsuits in this case are dismissed, and the costs of the retrial shall be borne by the losing parties (Plaintiffs). It is so decided as per Disposition by the assent of all participating Justices on the bench.

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