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Case Number of the immediately preceding lawsuit
Seoul High Court 2012Nu271 (2013.05.02)
Case Number of the previous trial
Cho High Court Decision 2010Du0191 ( October 22, 2010)
Title
(D) If a decision subject to a retrial is dismissed by a final appeal on the grounds that the decision subject to a retrial was omitted, such decision may not be requested for retrial.
Summary
(2) In a case where a final appeal was filed against a final judgment, and the final appeal was dismissed by the Supreme Court, and thus the final appeal became final and conclusive, the final appeal may not request a new trial on the grounds of omitting a judgment on the original judgment, regardless of whether a omission in a judgment was
Cases
2013Du10236 Revocation of Disposition of Imposing capital gains tax
Plaintiff-Appellant
PP
Defendant-Appellee
head of Sung Dong Tax Office
Judgment of the lower court
Seoul High Court Decision 2012Nu271 Decided May 2, 2013
Imposition of Judgment
August 23, 2013
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff (Plaintiff).
Reasons
The judgment of the court below was examined in light of the records of this case, and the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning the Appellate Division
Therefore, the appeal is dismissed pursuant to Article 5 of the above Act, and it is so decided as per Disposition with the assent of all participating Justices.