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(영문) 대법원 2015.09.10 2015재두399
조합설립인가처분무효확인등
Text

The request for retrial is dismissed.

The plaintiff's designated party, including the part arising from the intervention in the litigation for retrial.

Reasons

The grounds for retrial are determined.

The summary of the grounds for the request for retrial is that the judgment of the court below has a wrong conclusion or needs to be changed due to the violation of the rules of evidence, the incomplete deliberation, the misapprehension of legal principles, the violation of the precedents, and the violation of the limitation of the exercise of the right to request the explanation, which constitutes each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure of the Supreme Court, and thus, the judgment subject to a retrial should continue to be deliberated, but the judgment subject to a retrial has dismissed the appeal due to

However, the grounds for dismissing a case falling under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal are not legitimate grounds for retrial, and as long as an argument on the grounds for appeal by an original judgment falls under a ground for rejection of a trial under the provisions of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed without further deliberation, the judgment subject to a retrial omitted

there is no room to believe that the ruling is against the previous party members.

(2) In light of the aforementioned legal principles, the lower court determined that the Plaintiff’s appeal for retrial was dismissed, and that the Plaintiff’s appeal for retrial was dismissed, and that the Plaintiff’s appeal for retrial was assessed against the losing party, including the part resulting from the participation in the appeal. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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