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(영문) 대법원 2016.10.21 2016재두297
학교용지부담금환급신청에따른 지급이행
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The action for retrial shall be dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
Reasons
We examine the reasons for the request for retrial.
Lawsuits for retrial are allowed only when they fall under the reasons prescribed in the subparagraphs of Article 451(1) of the Civil Procedure Act.
However, the Plaintiff’s assertion of the grounds for retrial does not constitute any of the grounds for retrial stipulated in the above provision, and thus, the instant lawsuit for retrial is unlawful.
Therefore, the litigation for 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.
October 21, 2016