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(영문) 서울동부지방법원 2017.02.09 2016가합1159

판결무효소송

Text

1. All of the instant lawsuits are dismissed.

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

Reasons

As a lawsuit in this case, the Plaintiff filed a mistake of facts and misapprehension of legal principles in each judgment stated in the purport of the claim, which is the Defendant (Counterclaim Plaintiff) and the appellant and the incidental appellant, and sought confirmation of invalidity of each of the above judgments, and sought payment of necessary expenses, beneficial expenses, deposit, and damages for delay on the premise that each judgment becomes null and void. However, the invalidity of judgment cannot be deemed a subject of civil litigation, and the defects cannot be corrected. In addition, the complaint must specify the purport and cause of the claim, and where the purport and cause of the claim are not specified, the court shall ex officio order the correction and dismiss the lawsuit if the correction is not complied with (see, e.g., Supreme Court Decision 2011Da11459, Mar. 13, 2014). Although ex officio order the correction to specify the amount of the necessary expenses, beneficial expenses, and deposit money, the Plaintiff’s basic facts and amount of the claim to order the performance of the payment of money, and thus, all of the lawsuit in this case is unlawful.

If so, pursuant to Article 219 of the Civil Procedure Act, all of the lawsuits of this case shall be dismissed without holding any pleadings, and it is so decided as per Disposition.