근저당권말소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
In cases of an illegal lawsuit that cannot correct such defects, such lawsuit may be dismissed by a judgment without holding any pleadings (see Article 219 of the Civil Procedure Act). Even if the correction of defects is possible, the presiding judge may dismiss the lawsuit by applying the above provisions mutatis mutandis where the correction is not made, even though the presiding judge ordered the correction to the plaintiff.
The Plaintiff did not comply with the order of correction issued on September 19, 2016 by the court ordering the correction of the Defendant’s indication. In addition, according to the records, “A” that the Plaintiff is the Defendant appears to be a clerical error in the “D,” and D seems to have been the deceased.
(See Supreme Court Order 70Ma103 Decided March 20, 1973 (see Supreme Court Order 70Ma103, Mar. 20, 1973). Nevertheless, the Plaintiff did not comply with the above order of correction as of September 19, 2016, to submit the documents identifying the above order of correction and the inheritance relation to D’s heir, and to correct the Defendant’s indication as the inheritor.
Therefore, we decide to dismiss the instant lawsuit without holding any pleadings and decide as per Disposition.