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(영문) 서울행정법원 2016.08.08 2015구단61378

주거이전비등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

We examine the legitimacy of the lawsuit.

The claim for resettlement funds, the claim for relocation expenses, and the claim for relocation expenses falls under a separate subject-matter of a lawsuit, and thus, the plaintiff seeking this lawsuit shall specify the amount of each claim for resettlement funds, housing relocation expenses, and director expenses.

This legal doctrine also applies where the Plaintiff claims only part of several claims.

At the time of the closing of argument, the Plaintiff merely claimed KRW 50,00,000 as the Defendant had the obligation to pay resettlement funds, housing relocation expenses, and directors expenses to the Plaintiff, and did not specify the amount of each claim for resettlement funds, housing relocation expenses, and director expenses. Therefore, the instant lawsuit cannot be deemed to have been specified due to the uncertainty of the claim amount between the claimant and the claim amount by claim.

[Plaintiff submitted to the court a document stating that the resettlement funds against the Plaintiff were KRW 1 billion, KRW 10 million, KRW 10 million, and KRW 5 million, after the closing of argument, with respect to the order of this court. However, the Plaintiff did not revise the stamps until the date of this decision as well as the period of being served with the delivery of the court’s order of correction. Thus, the instant lawsuit is unlawful and thus dismissed.