관리단사칭부당소의한등기원인무효확인 등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (the appointed party).
Article 219 of the Civil Procedure Act provides that “In the event of an improper lawsuit that its defects cannot be corrected, the lawsuit may be dismissed by a judgment without holding any pleadings.”
In civil litigation, the purport of the claim must be clearly identified so that the content and scope can be clearly identified, and the purport of the claim is specified is to be clearly identified ex officio. Thus, where the purport of the claim is not specified, the court shall ex officio order the correction and dismiss the lawsuit if the order of correction is not complied with (see Supreme Court Decision 201Da11459, Mar. 13, 2014). This court ordered the correction on Nov. 24, 2020 to specify the purport of the claim and to clarify the cause of the claim as of Nov. 24, 2020, since the entire amendment of the damage inflicted on the Plaintiff and on July 29, 2020 submitted by the Plaintiff does not specify the purport of the claim, and the order of correction was served on December 8, 2020, but did not correct the purport of the claim within the period specified in the above decision.
Therefore, the lawsuit of this case is dismissed without holding any pleadings pursuant to Article 219 of the Civil Procedure Act, because it falls under a case where the lawsuit of this case is illegal and its defects cannot be corrected.