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(영문) 의정부지방법원 2017.05.16 2013구합15045 (1)

손실보상금

Text

1. The lawsuits of the Plaintiff A, C, D, F, G, and H shall be dismissed respectively.

2. The plaintiff B's claim is dismissed.

3. The costs of the lawsuit.

Reasons

1. Plaintiffs A, C, D, F, G, and H

A. Article 117(1) of the Civil Procedure Act provides, “Where a plaintiff deems it necessary to provide security for litigation costs, such as when he/she has no address, office, or place of business in the Republic of Korea, or when his/her claim is evident by the complaint, preparatory documents, or other court records of trial, the court shall order the plaintiff to provide security for the litigation costs, upon application by the defendant. The same shall also apply where the security is insufficient.” Article 117(2) provides, “In cases falling under paragraph (1), the court may order

In addition, Article 124 of the same Act provides, “When a plaintiff fails to provide a security within the period for providing such security, the court may dismiss the lawsuit by judgment without holding any pleadings: Provided, That this shall not apply where a security is provided prior to the judgment.”

B. On February 27, 2017, the court ordered the Plaintiffs to provide security for litigation costs on the ground that the Plaintiffs did not have a domicile in the Republic of Korea, and thus, the court ordered the Plaintiffs to deposit KRW 1,000,000 each for the Defendant as security for litigation costs within 21 days from the date of receiving the notification of this decision under Article 8(2) of the Administrative Litigation Act and Article 117(2) and (1) of the Civil Procedure Act.

However, the rest of the Plaintiffs except Plaintiff B did not provide a security for not more than 21 days from March 3, 2017, even though they received each service of each of the above orders to provide security.

C. Therefore, pursuant to Article 8(2) of the Administrative Litigation Act and Article 124 of the Civil Procedure Act, the remaining plaintiffs' lawsuits except the plaintiff B shall be dismissed.

2. Plaintiff B was land owned by Plaintiff B, the respective land indicated in the real estate list of attached Table 1 (hereinafter “instant land”).