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(영문) 대법원 2014.07.10 2014재두170
토지수용재결처분취소등
Text

All lawsuits for retrial shall be dismissed.

The litigation costs for retrial shall be borne by all plaintiffs.

Reasons

A lawsuit for a retrial on a final judgment of an administrative case may be brought only where any ground prescribed in the subparagraphs of Article 451 (1) of the Civil Procedure Act applied mutatis mutandis by Article 8 (2) of the Administrative Litigation Act exists.

However, the grounds alleged by the Plaintiff (Plaintiffs) as the grounds for retrial are nothing more than errors in the content of judgment subject to retrial, and thus does not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, and thus, the instant lawsuit is unlawful

Therefore, all of the lawsuits for retrial are 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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