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(영문) 서울고등법원(춘천) 2015.10.21 2015누894
부작위 위법확인
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. As to the instant case, our court’s reasoning is the same as the judgment of the first instance court, it shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Since the lawsuit of this case is unlawful and it is evident that the defects cannot be corrected, the plaintiff's appeal shall be dismissed as it has no reason.

3. Article 219 of the Civil Procedure Act provides that "if a legal action has been accompanied by law and it is impossible to correct such defect, the lawsuit may be dismissed by a judgment without holding any pleadings." Article 219 of the Civil Procedure Act provides that ① the above provision is located in Part II (the first instance proceedings), not in Part II (the first instance proceedings), and it is evident that it can be applied to an appellate court in its system, and ② Article 413 of the Civil Procedure Act provides that "if a legal appeal cannot be corrected due to defects, the appeal may be dismissed by a judgment without holding any pleadings," it shall be dismissed by a judgment without holding any pleadings. However, in addition, the appellate court shall consider that it shall meet the requirements for appeal in addition to the requirements for lawsuit (in the case of this case, the appeal itself is legitimate and does not fall under the above provision). ③ The subject of the appellate court's appellate court's ruling shall be dismissed only within the scope of the application for objection to the judgment of the first instance, namely, the scope of the application for change of the judgment (Article 407).

4. Therefore, the appeal of this case is dismissed without pleading, and the costs of appeal are against the plaintiff.

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