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(영문) 대법원 2019.01.31 2017재두5176
도시계획실시사업인가(변경)처분취소 청구의 소
Text

All requests for retrial are dismissed.

The cost of retrial shall include the part resulting from the intervention.

Reasons

The grounds for request for retrial shall be examined.

In light of the records, it is difficult to recognize that there exists a ground for a retrial under Article 451(1)8 of the Civil Procedure Act (when a judgment or other judgment or administrative disposition, which forms the basis of a judgment, was changed by a different judgment or administrative disposition) which applies mutatis mutandis by Article 8(2) of the Administrative Litigation Act to the judgment subject to a retrial, solely on the grounds alleged by the plaintiff (the

In addition, there is no omission in determination of the grounds of appeal in the judgment subject to a retrial, which dismissed a final appeal due to a lack of deliberation. Thus, it cannot be viewed as the grounds of retrial under Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted on important matters that may affect the judgment

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the filing of a request for retrial, thereby exceeding the bounds of the legal principles as to the filing of a request for retrial. The court below erred by misapprehending the legal principles as to the filing of a request for retrial.

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