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(영문) 대구지방법원 2019.10.30 2019재나25
관리비
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

Reasons

1. The following facts, which became final and conclusive in the judgment subject to review, are apparent in records or significant to this court:

On June 3, 2014, the Plaintiff filed a lawsuit against the Defendant for management expenses claim with the Daegu District Court 2014Gaso38747, and the said court rendered a judgment accepting the Plaintiff’s claim on February 9, 2015.

As to this, the defendant appealed (Tgu District Court 2015Na3899), the appellate court dismissed the defendant's appeal on September 3, 2015, and the defendant appealed (Supreme Court 2015Da56482), but the Supreme Court dismissed the defendant's appeal on December 23, 2015, which became final and conclusive.

B. On December 28, 2015, the Defendant filed a lawsuit for retrial on the instant judgment subject to retrial by asserting that there exist grounds for retrial under Article 451(1)3 of the Civil Procedure Act ( Daegu District Court Decision 2015Na263), and the Daegu District Court dismissed the Defendant’s petition for retrial on July 20, 2016.

The Defendant appealed against this and appealed (Supreme Court Decision 2016Da37655), and the Supreme Court dismissed the Defendant’s appeal on November 10, 2016.

C. On April 24, 2017, the Defendant filed a lawsuit for retrial on the instant judgment subject to retrial by asserting that there exist grounds for retrial under Article 451(1)1, 3, 6, 9, and 11 of the Civil Procedure Act in the instant judgment subject to retrial ( Daegu District Court Decision 2017Na38), but the judgment dismissing this on December 13, 2017 was rendered.

In addition, on February 19, 2018, the Defendant filed a lawsuit for retrial on the instant judgment subject to retrial by asserting that there exist grounds for retrial under Article 451(1)1, 6, 9, and 11 of the Civil Procedure Act ( Daegu District Court Decision 2018Na35), but the judgment dismissing it was rendered on July 25, 2018.

2. 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 functions.

It is obvious that the court is not able to accept the request for retrial on several occasions, even though it has been rejected due to the same reason.

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