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(영문) 대구고등법원 2019.06.28 2018재나69
건축물관리패쇄
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

On October 6, 2015, the Plaintiff filed a lawsuit with the Daegu District Court against the Defendant, the manager of the management body of the C building, stating that “a resolution selecting F as the controlled entity of the C building at the management body meeting of January 25, 2013” was invalid. The Plaintiff filed a lawsuit with the Daegu District Court stating that “A resolution selecting F as the controlled entity of the C building at the management body meeting of the C building on January 25, 2013 is ① leaving C building D and E, ② leaving the C building, not entrusting the management body to a third party (service company), not entrusting the management body, closing the entrusted management body, and ③ not collecting the management fee in the name of the Defendant’s deposit account (GG), and (iv) performing the procedure for changing the management fee receipt account into the deposit account in the name of the Plaintiff, and (v) claiming that the resident of C building return

On January 14, 2016, the first instance court rendered a judgment dismissing the Plaintiff’s above claim.

(T) On November 30, 2016, the appellate court rendered a judgment dismissing the Plaintiff’s appeal on November 30, 2016.

Daegu High Court Decision 2016Na388, hereinafter referred to as "instant case subject to a retrial".

(2) Although the Plaintiff filed an appeal with the Supreme Court, on April 13, 2017, the Supreme Court rendered a judgment dismissing the Plaintiff’s final appeal (hereinafter “instant judgment”) (Supreme Court Decision 2017Da1899 Decided April 14, 201, the judgment subject to a final judgment became final and conclusive by serving the Plaintiff on April 14, 2017.

On October 25, 2017, the Plaintiff filed a lawsuit for reexamination of the instant case.

2. Determination as to the request for retrial

A. Inasmuch as a lawsuit on a retrial on a final judgment rendered shall be permitted only where the grounds specified in the subparagraphs of Article 451(1) of the Civil Procedure Act exist, a lawsuit on retrial is unlawful in cases where the Plaintiff’s assertion

(See Supreme Court Decision 87Reda24 delivered on December 8, 1987, etc.). B.

The Plaintiff is entitled to the instant judgment subject to review.

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