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(영문) 청주지방법원영동지원 2019.09.20 2019가단4259
승용차량 양도
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

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

The purpose of the claim in civil procedure is to clearly identify its contents and scope so that it can be clearly identified, and the determination of the purport of the claim is to be examined ex officio. Thus, where the purport of the claim is not specified, the court shall order ex officio correction and dismiss the lawsuit if it does not comply with the order of correction.

(See Supreme Court Decision 201Da111459 Decided March 13, 2014 (see, e.g., Supreme Court Decisions 2011Da11459, Mar. 13, 2014). Moreover, the Plaintiff’s claim stated in each of the instant written amendments, which was submitted after receiving an order to correct or clarify the purport of the claim stated in the instant written complaint in accordance with the law from the court prior to its transfer, etc., was not specifically specified so that the content and scope of the claim can be clearly identified.

Accordingly, this court ordered the Plaintiff to supplement the purport of the claim in a legally permissible manner on August 7, 2019, but did not specifically specify the purport of the claim stated in the briefs dated August 16, 2019, which was submitted by the Plaintiff after receiving the said order, so that the content and scope of the claim can be clearly identified, as in the previous purport of the claim before amendment.

Ultimately, the claim of this case is unlawful because it does not specify the purport of the claim.

Therefore, all of the instant lawsuits are dismissed, and it is so decided as per Disposition.

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