1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

1. Although a court has dismissed and finalized a petition for retrial on the same ground through several times, it is obvious that the same ground cannot be accepted by law to repeat the petition for retrial on the same ground that it would result in bullying against the other party, and it would be unnecessary to use judicial personnel, barring any special circumstance, and such lawsuit is not permissible as it abuse of power (see, e.g., Supreme Court Decision 2005Da303, Nov. 10, 2005). Thus, it is clear that the defendant brought a lawsuit in this case on the ground that the judgment for retrial was made four times on the same ground (Ulsan District Court 2012Na585, 2013Na585, 2013Na84, 2014Na176, 2015NaNa122, etc.) but was dismissed on the ground that the defendant filed a petition for retrial on the same ground as the judgment for retrial (see, e.g., Supreme Court Decision 2012Na54

Therefore, there is no special circumstance that the defendant filed a lawsuit in this case and should have the right to protection. Thus, the lawsuit in this case constitutes an abuse of the right to institute a lawsuit in this case and the lawsuit in this case is not allowed.

2. As such, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.