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(영문) 대법원 2017.12.22 2017재두5121
부작위위법확인 등
Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff (appointed party and the plaintiff for retrial).

Reasons

The grounds for request for retrial shall be examined.

The reason for a retrial lies in the judgment subject to a retrial under Article 451(1)9 of the Civil Procedure Act. However, inasmuch as an argument on the grounds of appeal on the grounds of a retrial falls under a ground for rejection of a trial under Article 451(1)9 of the Act on Special Cases Concerning the Procedure for Appeal, and thus dismissing an appeal without further

(See Supreme Court Decision 2008Da502 Decided February 12, 2009, etc.). Therefore, the retrial 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 on the bench.

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