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Case Number of the immediately preceding lawsuit
Supreme Court Decision 2011Du27029 (No. 10, 2014)
Title
The fact that there was error in the determination of the original judgment does not constitute grounds for retrial.
Summary
The grounds alleged by the plaintiff (the plaintiff) as the grounds for retrial do not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, and thus, the lawsuit of this case is unlawful.
Cases
2014du385 Transfer Income Tax and Claim for Refund Money
Plaintiff-Appellant
United Kingdom A
Defendant-Appellee
Head of Yongsan Tax Office
Judgment Subject to Judgment
Supreme Court Decision 2011Du4886 Decided May 26, 2011
Imposition of Judgment
December 11, 2014
Text
The action for retrial shall be dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
Reasons
A lawsuit for a retrial on the final judgment of an administrative case may be brought only when there exists a cause falling under any of subparagraphs of Article 451 (1) of the Civil Procedure Act which is applicable mutatis mutandis by Article 8 (2) of
However, the grounds alleged by the Plaintiff (Plaintiff) as the grounds for retrial are nothing more than errors in the content of the judgment subject to retrial, and thus does not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, and thus, the instant lawsuit is unlawful
Therefore, a retrial suit 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.