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(영문) 대법원 2012. 11. 29. 선고 2012재다11 판결
재심사유를 발견할 수 없어 재심청구를 기각함[국승]
Case Number of the immediately preceding lawsuit

Supreme Court Decision 2011Reda861 ( December 27, 2011)

Title

The grounds for retrial are not found, and the request for retrial shall be dismissed.

Summary

The grounds for retrial asserted by the Plaintiff do not constitute grounds for retrial under the Civil Procedure Act, and even if examining records, the grounds for retrial under the Civil Procedure Act cannot be found in the judgment subject to retrial.

Cases

2012Reda11 Unlawful gains

Plaintiff (Reexamination Plaintiff)

XX Kim

Defendant (Re-Defendant)

Korea

Judgment Subject to Judgment

Supreme Court Decision 2011ReDa861 Decided December 27, 2011

Imposition of Judgment

November 29, 2012

Text

The request for retrial is dismissed.

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

Reasons

The grounds for request for retrial shall be examined.

The grounds for retrial asserted by the Plaintiff (Plaintiff) do not constitute grounds for retrial under the Civil Procedure Act, and even if examining the record, the grounds for retrial under the Civil Procedure Act cannot be found in the instant judgment subject to retrial.

Therefore, the retrial of this case is 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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