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(영문) 대법원 2016.10.13 2016재다972
건물명도
Text

The request for retrial is dismissed.

The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, Plaintiff for retrial).

Reasons

The grounds for request for retrial shall be examined.

The gist of the grounds for the request for retrial lies in the grounds for retrial of “when a judgment was omitted on important matters that may affect the judgment,” as provided by Article 451(1)9 of the Civil Procedure Act.

Even upon examining records, there is no evidence to acknowledge that there are grounds for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial.

Therefore, the retrial costs 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.

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