공탁금 출급청구권의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On March 26, 2012, the Plaintiff filed a lawsuit against the Republic of Korea for the refund of seized money with the Seoul Central District Court 2012Da72740, Korea appointed a law firm B as an attorney and respondeded to the said case. On August 16, 2012, the Seoul Central District Court ordered the Plaintiff to deposit KRW 10,000,000 as security for the litigation costs of the instant case.
B. On August 21, 2012, the Plaintiff deposited KRW 10,000,000 as the Seoul Central District Court gold No. 16203, the deposited person to the Republic of Korea as the deposited person.
(hereinafter “instant deposit”). C.
After October 30, 2012, the Seoul Central District Court rendered a judgment dismissing the Plaintiff’s claim on the above case No. 2012Ga72740 on October 30, 2012, and the above judgment was dismissed and finalized on September 4, 2013.
[Reasons for Recognition] Facts that there is no dispute between the parties or do not clearly dispute between them, entry of Gap evidence No. 3, substantial facts to this court, the purport of the whole pleadings
2. As to the plaintiff's lawsuit of this case seeking confirmation against the defendant that the right to claim payment of the deposit money of this case is the plaintiff, the plaintiff's "Minister of Education" who is the defendant is merely an administrative agency responsible for the administrative affairs of the State (Korea) and cannot be the subject to whom the rights and obligations are attributed under the Civil Act. Thus, the plaintiff cannot be a party to the civil lawsuit because it is not a party to the
The first instance court and this court recommended the correction of the Defendant’s indication as a legitimate party’s ability, but the Plaintiff rejected it.
Therefore, the instant lawsuit is unlawful as it is against a person who has no capacity to sue.
3. As such, the plaintiff's appeal of this case shall be dismissed, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal of this case is dismissed as it is without merit.