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(영문) 서울서부지방법원 2016.02.12 2015가단14153

공탁금출급권자확인의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. We examine, ex officio, whether the lawsuit against the Defendants by the Plaintiff is lawful or not.

Article 249(1) of the Civil Procedure Act provides that the purport and cause of a claim shall be stated in a complaint. This is because the existence of a certain right or legal relationship claimed by the plaintiff by the description of the purport and cause of the claim, i.e., the existence of a specific right or legal relationship, that is, the subject matter of the claim, can be tried only when the subject matter of the claim is specified. Although the purport of the claim is specified, multiple rights such as a relative non-exclusive right can be established between the same parties, and therefore, the subject matter

With respect to the instant case, it is unclear whether the Plaintiff’s statement in the complaint submitted by the Plaintiff alone is the cause of the Plaintiff’s claim against the Defendants. The Plaintiff did not receive all documents, such as the order of correction, etc. of this court, as the address was unknown immediately after the submission of the complaint, and the Plaintiff was absent on the first day for pleading even after the notice of the date was received by telephone. Thus, the Plaintiff’s lawsuit against

2. In conclusion, the Plaintiff’s lawsuit against the Defendants is unlawful, and it is so decided as per Disposition by the assent of all.