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(영문) 대법원 2020.03.02 2019재다29943
사용료
Text
The action for retrial shall be dismissed.
The litigation costs for retrial shall be borne by the plaintiff for retrial.
Reasons
A person eligible to file a lawsuit for retrial in regard to an original judgment is a party to the decision subject to a retrial or a successor in title, etc.
According to the record, the Plaintiff cannot be deemed to be a party to the judgment subject to retrial or a successor thereto, and thus, the lawsuit filed by the Plaintiff for retrial is unlawful.
Therefore, the litigation costs for retrial shall be dismissed and the plaintiff for retrial shall be borne by the plaintiff for retrial. It is so decided as per Disposition by the assent of all participating Justices on the bench.