logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.07.05 2016재나217
매매대금
Text

1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

Reasons

1. Although a court of determination as to the legitimacy of a lawsuit for retrial of this case had been dismissed and confirmed through several times for the same reason, it is obvious that the same request for retrial has not been accepted by law would result in bullying against the other party, and further, it would be unnecessary to spend judicial personnel, barring any special circumstance, and such a lawsuit is not permissible (see, e.g., Supreme Court Decision 2005Da303, Nov. 10, 2005). Thus, it is obvious that the Plaintiff filed a petition for retrial on seven occasions against the judgment subject to retrial (Ulsan District Court Decision 2007Na192, Ulsan District Court 209Na11, Ulsan District Court 2010Na79, Ulsan District Court 2012Na739, Ulsan District Court 2012Na431, Ulsan District Court 2012Na431, Ulsan District Court 201Nasan District Court 2031, Ulsan District Court 2014Na3631.

Therefore, there is no special circumstance that the Plaintiff filed a lawsuit in the instant case and should have the right to protection. Thus, the lawsuit in the instant case constitutes an abuse of the right to file a lawsuit, and thus, the lawsuit cannot be allowed.

2. As such, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

arrow