(영문) 서울중앙지방법원 2018.05.15 2017가합39738

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(영문) 서울중앙지방법원 2018.05.15 2017가합39738

판결무효확인의 소

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 17, 2014, the Plaintiff filed a lawsuit against B religious organization seeking confirmation of invalidity of C’s certificate and compensation for damages (Seoul Central District Court 2014Gahap3202). On September 17, 2014, the said court rendered a judgment dismissing the Plaintiff’s claim for confirmation of invalidity of C’s certificate and dismissing the remainder of the claim (hereinafter “instant judgment subject to a retrial”). The said judgment became final and conclusive on October 7, 2014 due to the Plaintiff’s failure to file an appeal.

B. Since then, the Plaintiff filed a lawsuit against B religious organizations for a retrial on the instant judgment subject to a retrial (Seoul Central District Court 2014Dahap263). On November 19, 2015, the first instance court rendered a judgment dismissing the lawsuit for retrial on the grounds that there is no ground for retrial (hereinafter “instant new judgment”), and both the Plaintiff’s appeal (Seoul High Court 2015Na32327) and the final appeal (Supreme Court 2016Da21773) were dismissed, and the said judgment became final and conclusive on August 26, 2016.

C. Meanwhile, the Plaintiff: (a) revoked the instant judgment subject to review; (b) confirmed that the C affiliation certificate is null and void; and (c) filed a lawsuit against the Defendant, stating that the instant judgment subject to review (Seoul Central District Court 2014Gahap3202) paid by the Plaintiff in the case subject to review (Seoul Central District Court 2014Gahap3202) of the judgment subject to review, and (c) returned litigation costs that were paid by the Plaintiff in the instant case subject to review (Seoul Central District Court 2017Gahap55230).

Accordingly, on December 15, 2017, the aforementioned court rendered a claim for the revocation of the instant judgment subject to a retrial on the grounds that the part of the claim for revocation of the judgment was an action brought without legal basis, and there is no interest to confirm the part of the claim for confirmation of invalidity of C’s certificate. The part of the claim for monetary payment is against a person other than a

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