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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
The following facts are acknowledged according to the details of a judgment subject to retrial and the records of request for retrial.
The Plaintiff (hereinafter referred to as the “Plaintiff”) filed a lawsuit seeking nullification of the status of a member against the Defendant (Defendant Reopening of Procedure) B Apartment Housing Reconstruction Project Association (hereinafter referred to as the “Defendant Association”) by Suwon District Court 2012Guhap8855, and the said court rendered a judgment dismissing part of the Plaintiff’s claims and dismissing part of the Plaintiff’s claims, and the Plaintiff appealed therefrom.
On October 4, 2013, the appellate court rendered a judgment dismissing part of the Plaintiff’s claims and dismissing part of the Plaintiff’s claims. The original judgment was served on October 14, 2013 by changing a part of the first instance judgment.
As the Plaintiff did not appeal against the judgment subject to a retrial of Article 1, the judgment subject to a retrial of Article 1 became final and conclusive on October 29, 2013.
On November 7, 2014, the Plaintiff again filed a petition for re-adjudication with this court under 2014Nu336, and this court rendered a judgment dismissing a suit for re-adjudication on February 17, 2015, which became final and conclusive on March 11, 2015.
(2) On February 26, 2015, the Plaintiff again filed a petition for a retrial with this court under 2015Nu74, and this court rendered a judgment dismissing the suit for retrial on June 12, 2015, and the judgment became final and conclusive around that time.
(3) On June 25, 2015, the Plaintiff again filed a lawsuit for retrial of this case.
On August 31, 2015, the court below held that, upon the defendant's application, it constitutes a case where it is evident that there is no reason to file a lawsuit for reexamination or quasi-examination of this case in light of the procedure of filing a lawsuit for reexamination of this case and the contents of the petition for reexamination of this case, the court below held that "in accordance with Article 8 (2) of the Administrative Litigation Act and Articles 117 (1) and 120 (1) of the Civil Procedure Act" as a security for litigation costs within seven days from the date when the decision becomes final and conclusive