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(영문) 서울고등법원 2018.02.09 2017재누207
난민불인정결정취소
Text

The litigation of this case shall be dismissed.

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

purport, purport, ..

Reasons

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

The Plaintiff (hereinafter “Plaintiff”) filed a claim against the Defendant (hereinafter “Defendant”) for the revocation of the decision to deny refugee status granted by the Defendant on March 8, 2016, as Seoul Administrative Court Decision 2017Gudan4386, the Defendant filed a claim against the Plaintiff on March 8, 2016.

B. On April 6, 2017, the Seoul Administrative Court rendered a judgment dismissing the Plaintiff’s claim. Accordingly, the Plaintiff appealed to Seoul High Court No. 2017Nu44802 (hereinafter “case subject to review”).

C. On June 29, 2017, the above appellate court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal. D.

The plaintiff appealed on July 12, 2017, but the Supreme Court sentenced the dismissal of appeal on October 31, 2017, which became final and conclusive.

E. On November 9, 2017, the Plaintiff filed a lawsuit for reexamination of the instant case.

2. As to the legitimacy of the litigation of this case’s retrial, the Plaintiff only asserts that the judgment subject to a retrial should be revoked, as it dismissed the Plaintiff’s claim due to misunderstanding of facts and misunderstanding of facts, and misunderstanding of incomplete deliberation, even though she could be faced with difficulties such as gambling if she returns to Bangladesh, which is its home country, even though she was unable to disclose the grounds for retrial as stipulated in Article 45

Therefore, the instant lawsuit for retrial is unlawful.

(3) In light of the above, there is no room to deem that there is a ground for a retrial omission as stipulated in Article 451(1)9 of the Civil Procedure Act, since the Plaintiff had already asserted in the instant case subject to retrial, and determined it even in the judgment subject to retrial. 3. Therefore, it is so decided as per Disposition by the assent of all participating Justices.

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