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(영문) 서울서부지방법원 2017.02.14 2014가단26227

말소등기의무이행 등

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

Defendant C filed an application with the Plaintiff (Appointed Party) to provide security for litigation costs under this Court No. 2014Kada1445, and Defendant B filed an application with the Plaintiff for each of the instant court No. 2014Kada5077, and the instant court rendered each decision ordering the Plaintiff (Appointed Party) to deposit security for litigation costs within 15 days from the date the decision was notified by the Plaintiff (Appointed Party). This court ordered the Plaintiff (Appointed Party) on March 24, 2016 to provide security for litigation costs within 15 days from the date the order was notified for the remaining Defendants, the fact that the Plaintiff (Appointed Party) filed an appeal against the said decision, order, appeal against the said decision, re-appeal, but all were dismissed, and the fact that the Plaintiff (Appointed Party) failed to provide security within the said period after being notified of the said decision and order, is apparent or obvious in the record.

In addition, the part concerning the claim of money among the lawsuits of this case cannot be understood as having specified the grounds for the claim since it cannot be understood that the Defendants are obligated to pay money based on what facts and legal grounds. The part concerning the claim of delivery of goods is not clear, and thus, the purport of the claim and the grounds for the claim are not specified.

Although the plaintiff (Appointed Party) filed a lawsuit similar to the lawsuit in this case over several times, the fact that the plaintiff (Appointed Party) has received a new dismissal ruling for the reasons of the purport of the claim and the unspecified cause of the claim is significant in this court.

Thus, the lawsuit of this case falls under Article 124 of the Civil Procedure Act, and at the same time, it is not possible to correct the defects. Thus, it is dismissed without holding any pleadings.