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(영문) 대법원 2019.09.10 2019재다3675
임야소유권확인
Text

All requests for retrial are dismissed.

The cost of retrial shall include the part resulting from the intervention.

Reasons

We judge whether there are any grounds for retrial.

Examining the records in accordance with the relevant legal principles, the grounds for retrial under Article 451(1)10 of the Civil Procedure Act (when a judgment of retrial is contrary to a final judgment rendered before the judgment of retrial is filed) alleged by the Plaintiff (Plaintiffs) are not against the judgment subject to retrial, and thus, it does

As to the grounds for a retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment on important matters that may affect a judgment is omitted), since the judgment subject to a retrial is a judgment dismissing an appeal without further deliberation pursuant to Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, it cannot be deemed that the judgment subject to a retrial omitted a judgment on important matters that may affect the judgment.

(2) Article 451(1)10 of the Civil Procedure Act provides that “The grounds for retrial under Article 451(1)9 of the Civil Procedure Act shall be dismissed as unlawful, and the grounds for retrial under Article 451(1)9 of the same Act shall be dismissed.” However, in the text, only indicate the purport that the request for retrial of this case is dismissed, and the costs for retrial shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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