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(영문) 서울고등법원 2018.09.05 2018나291

기타

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is identical to the reasoning of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 4

2. In conclusion, it is obvious that the plaintiff's lawsuit of this case is unlawful and its defects cannot be corrected. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed without holding any pleadings.

[The Civil Procedure Act provides that "if a legal action cannot be corrected due to its defects, it may be dismissed by a judgment without holding any pleadings (Article 219)." The above provisions are located in Part II (General Provisions), not in Part II (Court of First Instance Proceedings) but in Part I (General Provisions) and may also apply to an appellate court on its system. In addition, the Civil Procedure Act provides that "if the defects are not corrected as an incidental appeal, an appeal may be dismissed by a judgment without holding any pleadings, without holding any pleadings." (Article 413) In addition, the above provision provides that "if the defects are not corrected as an incidental appeal, the appeal may be dismissed by a judgment without holding any pleadings." (Article 413) It is a separate provision established in the appellate court on the ground that the lawsuit is illegal as in this case and the defects cannot be corrected, and the court of first instance may dismiss the appeal without holding any pleadings by applying Article 219 of the Civil Procedure Act in the event that the plaintiff appealed, but the lawsuit still is unlawful and the defects cannot be corrected)."