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(영문) 대법원 2017.12.22 2017다25109
건물명도 및 부당이득금반환
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff (Plaintiff).

Reasons

The grounds of appeal are examined.

The exercise of the right to trial is also regulated by the principle of trust and good faith in order to protect the other party and secure judicial function.

Unless there are special circumstances, it is permissible to re-examine the same request for retrial on the ground that it is obvious that the request for retrial cannot be accepted by law even though the relevant legal relations were already rejected by the court, and it is not permissible as it abuse the right of action

(2) The lower court determined that the instant lawsuit for retrial was not permissible on the ground that: (a) the Plaintiff (Plaintiff) filed a lawsuit seeking the revocation of the judgment subject to retrial on the ground that the same or similar grounds are identical or similar to all eight times prior to the institution of the instant lawsuit for retrial; (b) even though all of the lawsuits were dismissed or dismissed, it is difficult to view the filing of a lawsuit for retrial repeatedly as a legitimate exercise of the right to file a lawsuit for retrial, on the ground that it is difficult to view it as a legitimate exercise of the right to file a lawsuit for retrial.

The judgment below

Examining the reasoning in light of the aforementioned legal principles and records, the above determination by the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the lawfulness of a lawsuit for retrial and by failing to exhaust all necessary deliberations

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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