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(영문) 대법원 2019.08.14 2019재다50114
매매대금
Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff (the plaintiff, the selected party) and the selected party.

Reasons

The grounds for request for retrial shall be examined.

The judgment subject to a review is a case subject to review, and it is clear that it does not constitute a case where the previous opinion of the Supreme Court is changed.

Therefore, it cannot be said that there are grounds for retrial under Article 451(1)1 of the Civil Procedure Act (when no judgment court is constituted under the law) in the judgment subject to a retrial, on the grounds that no two-thirds or more of all Justices were conducted by the collegiate panel.

(2) The court below erred by misapprehending the legal principles as to the filing of a request for retrial, thereby exceeding the bounds of the principle of free evaluation of evidence, and exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal.

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