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(영문) 대법원 2020.08.27 2019재두5149
유기기구지정배제 및 기타유원시설업허가취소처분취소의 소
Text

All of the lawsuits for retrial of this case shall be dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

Reasons

ex officio, the retrial of this case is legitimate.

A lawsuit for retrial is allowed only when there is a ground stipulated in Article 451(1) of the Civil Procedure Act, applicable mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, as to the judgment subject to a retrial. The grounds asserted by the plaintiff (the plaintiff)

On the other hand, even though the plaintiff (the plaintiff) was not a party to the case of 2018du57971 among the judgment subject to a retrial, the plaintiff (the plaintiff) filed a separate petition for a retrial as to the above case of intervention

(2019du5156). All of the lawsuits in this case cannot be exempt from being unlawful.

Therefore, all of the lawsuits for retrial of this case are dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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