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(영문) 대법원 2016.04.29 2015재다2063
건물명도
Text

The action for retrial shall be dismissed.

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

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 any special circumstances, re-written application for retrial with the same content cannot be accepted by law even though the court rejected the request for retrial on several occasions due to the same reason, shall not be allowed as it abuse the right of action, unless there are special circumstances.

According to the records, the defendant (the plaintiff) repeatedly filed a petition for retrial against the plaintiff (the plaintiff) on the same or similar grounds as the lawsuit for retrial of this case, but was dismissed or 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, the litigation of the retrial in this case is dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition.

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