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(영문) 대법원 2011.07.28 2010재다703
징계면직처분취소
Text

The action for retrial shall be dismissed.

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

Reasons

Judgment ex officio is made.

The exercise of the right of a trial is also regulated by the principle of trust and good faith in order to protect the other party and secure judicial functions, and it is obvious that the court cannot accept the request for a retrial on several occasions for the same reason that it is evident that it cannot be accepted by law even though it has been rejected due to the same reason, it would result in bullying of the other party, and further makes it unnecessary to spend the judicial resources. Therefore, such a lawsuit shall not be allowed as it abuse the right of a lawsuit, unless there are special circumstances.

According to the records, the plaintiff (the plaintiff) repeatedly filed a petition for retrial over 20 times on the same or similar grounds as the lawsuit for retrial of this case against the defendant (the defendant for retrial) and dismissed or dismissed it. Thus, the lawsuit for retrial of this case filed on the same or similar grounds as the previous petition for retrial is unlawful as it constitutes an abuse of the right of lawsuit.

I would like to say.

Therefore, the litigation of this case is dismissed, and the costs of the 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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