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(영문) 대법원 2008. 03. 13. 선고 2007재두349 판결
재심청구 사유 해당 여부[국승]
Title

Whether it constitutes grounds for request for retrial

Summary

Despite the fact that a court has rejected a request for retrial on several occasions due to the same reason, it cannot be said that there is no benefit or need for protection of rights unless there are special circumstances to re-appeal a suit with the reason for rejection as a ground for retrial.

Text

1. All lawsuits for retrial shall be dismissed;

2. The costs of retrial shall be borne by the plaintiff.

Reasons

Despite the fact that a court has rejected and confirmed a request for retrial on several occasions due to the same reason, repeated a request for retrial with the same content cannot be accepted by law would result in bullying of the other party, and further, unnecessary consumption of the judicial manpower. Therefore, such a lawsuit may not be allowed as it abuse the right of action, barring any special circumstance.

In this case, although the plaintiff (the plaintiff) had been dismissed or dismissed by the Supreme Court on the same ground several occasions, the plaintiff (the plaintiff) can be seen in the record that the plaintiff (the plaintiff) filed the lawsuit of this case again, and there is no special circumstance that the plaintiff (the plaintiff) should have the right to file the lawsuit of this case and be protected.

Therefore, all of the lawsuits in this case are dismissed, and the costs of the retrial are assessed against the losing party, and it is so decided as per Disposition by the assent of all participating Justices.

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