Whether a retrial can be requested against the Supreme Court's judgment on the reversal and return

Since the Supreme Court's judgment on the reversal and return is a so-called intermediate judgment and is not a final judgment, it cannot be a judgment subject to review, it is unlawful to file a lawsuit for retrial and thus it is impossible to correct the deficiency. Therefore, it cannot be dismissed.

Article 183 of the Civil Procedure Act

Supreme Court Decision 66Ma153 Delivered on April 26, 1966

Plaintiff (Attorney Park Jong-il, Counsel for the plaintiff-appellant)

Defendant (Re-Defendant) 1 and two others

Supreme Court Decision 71Da2162, 2163, 2164 Decided June 29, 1972

The action for retrial shall be dismissed.

Expenses for reexamination shall be borne by the plaintiff (Plaintiffs for reexamination).

The judgment of the Supreme Court, which is the court of final appeal, can only be filed with the purpose of removing the final and conclusive power of the final and conclusive judgment. The judgment of the court of final appeal, which is the final and conclusive judgment, shall be reversed and remanded again, which shall not be an intermediate judgment but a final and conclusive judgment. According to the written complaint of new trial in this case, the plaintiff in new trial (the plaintiff in this case) shall not be exempted from the final and conclusive judgment in this case (the plaintiff in this case), among the judgments in this case 71Da2162, June 29, 1972, 2163 and 2164, the plaintiff in this case (the plaintiff in this case) 1, the plaintiff in this case (the plaintiff in this case), the plaintiff in this case (the plaintiff in this case), and the plaintiff in this case (the plaintiff in this case) 2 and the defendant (the plaintiff in this case) 3 on the ground that the judgment of the court of final and conclusive cannot be reversed by the final and conclusive judgment in this case (the plaintiff in this case).

Therefore, we decide to dismiss the litigation for the retrial of this case, and the litigation costs for the retrial are assessed against the plaintiff (Plaintiff). It is so decided as per Disposition by the assent of all participating judges.

Justices Presiding Justice (Presiding Justice)