무효확인(수출허가처분) 등 청구의 소
1. The main lawsuit of this case and the intermediate confirmation lawsuit of this case are all dismissed.
2. The costs of lawsuit shall be the principal lawsuit and the intermediate confirmation lawsuit.
Ex officio, we examine the legitimacy of the principal lawsuit and the intermediate confirmation lawsuit of this case.
On October 30, 2017, the Plaintiff (hereinafter “Plaintiff”) filed a complaint against the Defendant (the intermediate confirmation Plaintiff; hereinafter “Defendant”) seeking revocation of export permission. On October 30, 2017, this court filed a lawsuit against the Plaintiff seeking confirmation of ownership of a patent right against the Defendant on the ground that “The Plaintiff submitted data for assessment of each lawsuit regarding paragraph (1) of the claim within seven days from the date on which the corrective order was served, and calculated the lawsuit, and paid the stamp amount corresponding to the lawsuit, and paid the sum of KRW 1,650,50,000, and paid the service fee of KRW 37,000,000, and did not comply with the order for correction on October 31, 2017; and on the other hand, the Plaintiff filed a lawsuit seeking confirmation of ownership of the relevant patent right against the Defendant on December 2, 2017, and it is evident that the record was not corrected by the closing date of pleading.
Therefore, the principal lawsuit of this case is unlawful.
(A) Article 2 of the Act on Special Cases Concerning the Provision of Attachment and Deposit of Stamps stipulates that “The State shall not attach stamps under the Act on the Stamps Attached to Civil Litigation, etc. in the Proceedings to Which the State is a Party,” and Article 2 of the Act on Special Cases Concerning the Provision of Attachment and Deposit provides that “The State shall not attach stamps under the Act on the Stamps Attached to Civil Litigation, etc.” (Article 2 of the Act on Special Cases Concerning the Provision of Attachment and Deposit of Stamps). It does not apply to the Plaintiff who files a lawsuit against the State with respect to special cases not attaching stamps or affixinging of stamps or affixing of stamps pursuant to the above provision. The lawsuit for interim confirmation is seeking confirmation of the existence of legal relations in the connection with the claim for the merits, and as seen earlier, the lawsuit for interim confirmation of this case shall also be dismissed as illegal.