반환인도의무이행,손해배상청구등
1. The appeal of this case shall be dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
annex.
1. The first instance court rejected the instant lawsuit without holding any pleadings for the following reasons:
"The plaintiff did not provide a security for the costs of lawsuit within the period prescribed by the appellate court (Seoul Western District Court 2017Ra1057) and the reappeal (Supreme Court 2017Ma6435) of the court (Article 117 and Article 120 of the Civil Procedure Act)."
2. According to the records of this case, although the plaintiff was dissatisfied with the judgment of the court of first instance and submitted a petition of appeal, the plaintiff did not perform his/her duty to provide security as properly stated in the judgment of the court of first instance, and the plaintiff's defect in the lawsuit itself is not clear, and its defect has not been corrected despite the correction order of the court of first instance.
Furthermore, as the purport of appeal and guidance for appeal stated in a petition of appeal and other written documents submitted by the Plaintiff are unclear, the scope of appeal against the judgment of the first instance and the subject matter of appeal by the appellate court cannot be specified.
Even if the pleading is in progress, there is no room for an appellate court to revoke the judgment of the first instance court, and to grant a legal remedy that the plaintiff wants by way of having the appellate court render a judgment on the merits by itself or remanding the case to the first instance court.
Nevertheless, it is not desirable in terms of the economy of litigation if a final judgment on appeal should be made through the oral proceedings, and it may result in the appellant's disadvantage due to the increase in litigation costs, etc.
Furthermore, in the event that the defect is not corrected due to an illegal lawsuit, it is possible to dismiss the lawsuit by a judgment without holding any pleadings in consideration of the above aspects of the litigation economy and the protection of the interests of the parties (Article 219 of the Civil Procedure Act). However, in the appellate procedure of the said judgment, the defects, which are the grounds for the judgment on