졸업취소 등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the Plaintiff’s assertion was that the Plaintiff graduated from the Department C established and operated by the Defendant on February 2010.
However, the above graduation was made wrong despite the fact that the plaintiff could not graduate because he could not complete the practical training of the above department, and the religion, which is the defendant's creative ideology, is inconsistent with the plaintiff's religious belief, so the above graduation is the plaintiff's religious freedom and human beings.
violates the right to life.
Accordingly, the Plaintiff seeks the revocation of the above graduation from the Defendant, and further withdraws the consent to use personal information submitted by the Plaintiff to the Defendant. Therefore, the Plaintiff seeks to delete and correct the Plaintiff’s personal information held by the Defendant.
2. Determination ex officio as to the legitimacy of the instant lawsuit
A. A lawsuit seeking the revocation of graduation may be brought only where the relevant law expressly provides for the modification and formation of the existing legal relationship.
(See Supreme Court Decisions 92Da35462 delivered on September 14, 1993; 2000Da45020 delivered on January 16, 2001, etc.). Of the instant lawsuit, the part concerning the claim for the revocation of graduation constitutes a lawsuit seeking the revocation of graduation to the Defendant. The part concerning the claim for the revocation of graduation in the instant lawsuit constitutes a lawsuit seeking the revocation of graduation to the Defendant. However, even if ex officio is examined, there is no legal basis for filing
Therefore, this part of the lawsuit is unlawful.
B. The purport of a claim in a civil lawsuit for deletion and correction of personal information must be clearly identified so that its contents and scope can be clearly identified, and whether an objection is specified is an ex officio examination. Therefore, where the purport of the claim is not specified, the court shall ex officio order the correction, regardless of whether the defendant raises an objection, and dismiss the lawsuit if the defendant does not comply with it.
(see, e.g., Supreme Court Decisions 80Da2904, Sept. 8, 1981; 2007Da5069, Oct. 9, 2008). The Plaintiff is the first day for pleading of this case from the full bench.