청구이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
judgment No. 1.
1. In the civil procedure, the purport of the claim in this case’s lawsuit is to specify its contents and scope so that it can be clearly identified (Article 249(1) of the Civil Procedure Act), and whether to specify an objection is an ex officio investigation. Thus, where the purport of the claim is not specified, the court shall ex officio order the correction and dismiss the lawsuit if it does not comply with the order.
(See Article 254(1) and (2) of the Civil Procedure Act, and Supreme Court Decision 80Da2904 delivered on September 8, 1981). Moreover, a lawsuit of demurrer against a claim must clearly state the title of enforcement seeking the exclusion of enforcement power.
In this regard, the first instance court submitted to the Plaintiff a copy of the judgment subject to an order of correction, and pointed out that there is no civil litigation falling under the case number stated in the purport of the claim, so the court and the case number of the executive title seeking the exclusion of executive force are specified. However, the Plaintiff did not implement it until the trial is held.
In addition, even if the records of this case, such as the complaint, brief, etc. submitted by the plaintiff in the first instance and the trial, are comprehensively considered, the enforcement title seeking the exclusion of enforcement power cannot be confirmed.
(B) (A) On April 17, 2019, the Defendant appeared at the date for pleading and stated that he did not institute a civil lawsuit against the Plaintiff. Therefore, it is reasonable to deem that the instant lawsuit is unlawful as it does not specify the purport of the claim.
2. Thus, the lawsuit of this case is unlawful and dismissed. The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.