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(영문) 춘천지방법원속초지원 2017.10.17 2017가단1112

불법 건축물철거

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

The purport of the claim in civil procedure shall be specified in detail so that its contents and scope can be clearly identified, and whether an objection is specified is an ex officio examination. Therefore, in cases where the purport of the claim is not specified, the court shall order ex officio correction regardless of the defendant's objection, and shall dismiss the lawsuit if the defendant does not comply with it.

(See Supreme Court Decision 2013Da10104 Decided May 16, 2014, etc.). However, the purport of the instant claim is not specifically specified so that the content and scope of the claim can be clearly identified, and it is evident that the Plaintiff refused to comply with the instant claim even though the instant court ordered the Plaintiff to make the correction.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.