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The litigation of this case shall be dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
1. The proviso of Article 451(1) of the Civil Procedure Act provides that a lawsuit for a retrial may not be instituted in a case where a party claims the grounds for a retrial under an appeal, or where a party does not assert it as an appeal even though having knowledge of the grounds for a retrial. The latter part of this case did not appeal itself with knowledge of the grounds for a retrial, but did not assert the grounds for
(2) In addition, barring special circumstances, barring any special circumstance, the parties should be deemed to have known of the grounds for retrial when they were served with the authentic copy of the judgment. In addition, barring any special circumstance, the parties should be deemed to have known of the grounds for retrial when they were served with the authentic copy of the judgment.
2. When the Plaintiff filed a lawsuit for retrial of this case, the grounds for retrial, which was established by the Plaintiff, were changed according to the judgment of the Gangwon-do Regional Land Tribunal on April 21, 2009.
(2) Examining the records of the cases of the judgment subject to a retrial ex officio, following Article 8(2) of the Administrative Litigation Act, Article 451(1)8 of the Civil Procedure Act, Article 451(1) of the Civil Procedure Act, and Article 8(2) of the Administrative Litigation Act, Article 451(1)9 of the Civil Procedure Act, which are submitted by the Plaintiff on July 15, 201, or the same year.
8. 16. It can be known that no such assertion was made in anywhere in the appellate brief that was filed.
3. If so, the litigation of this case is unlawful, and there is no way to correct the defect. Thus, it is so decided as per Disposition by the assent of all participating Justices, on the ground that the litigation of this case is dismissed without pleading pursuant to Article 8(2) of the Administrative Litigation Act and Articles 455 and 219 of the Civil Procedure Act.