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(영문) 서울고등법원 2018.12.07 2018재누303
난민불인정결정취소
Text

1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:

The Plaintiff (hereinafter “Plaintiff”) filed a claim against the Defendant (hereinafter “Defendant”) for the revocation of the refugee non-recognition disposition against the Plaintiff on December 19, 2016, as Seoul Administrative Court Decision 2017Gudan28276, the Seoul Administrative Court rendered a judgment dismissing the Plaintiff’s claim on November 30, 2017.

B. The Plaintiff appealed to Seoul High Court No. 2017Nu87519 (hereinafter “case subject to review”), but the Seoul High Court rendered a judgment subject to review, on April 5, 2018, to dismiss the Plaintiff’s appeal.

C. Although the Plaintiff appealed against this, on September 13, 2018, the judgment dismissing the Supreme Court’s appeal became final and conclusive (Supreme Court Decision 2018Du47677).

2. The plaintiff, as to the legitimacy of the litigation in this case, may face difficulties, such as gambling, at the head of the retrial office, if he returns to his own country. However, the decision subject to a retrial is merely a ground for retrial under Article 451(1) of the Civil Procedure Act, which states that the decision subject to a retrial has dismissed the plaintiff's claim due to misconception of facts due to a violation of the rules of evidence and an

In addition, the Plaintiff stated to the effect that it does not constitute grounds for retrial under Article 451(1) of the Civil Procedure Act on the first day for pleading of the instant case.

As the Plaintiff had already asserted in the instant case subject to review and determined it in the judgment subject to review, it cannot be deemed that there exist grounds for a retrial of omission of judgment under Article 451(1)9 of the Civil Procedure Act. Unless the Plaintiff asserts as a legitimate ground for retrial, the instant lawsuit for retrial is unlawful, unless it is asserted as a legitimate ground for retrial.

3. We decide to dismiss the instant lawsuit for retrial.

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