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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The warden shall state the purport and cause of the request;
(1) Article 249(1) of the Civil Procedure Act provides that “If the purport of the claim and the cause of the claim are unable to clearly grasp the meaning of the language and text by itself or the legal effect cannot be recognized, the purpose of the lawsuit seeking the legal resolution of the dispute cannot be achieved, as well as that of the other party to the lawsuit, thereby hindering the exercise of the other party to the lawsuit’s right to defense.” Thus, even if the Plaintiff stated in the
With respect to the complaint of this case, on August 3, 2020, the plaintiff ordered the plaintiff to correct the above defects in the complaint for a reasonable period of time. The plaintiff submitted the amendment as of August 18, 2020 and August 24, 2020, but the above defects still did not correct.
2. In addition, even if the cause of the instant claim itself is based on the registration record, the Defendant is not a person obligated to register cancellation or restoration on the registration record, and thus is not a defendant.
In addition, as the registration record (register) is closed due to the execution of land development projects or the division of land, there is no benefit to file a lawsuit seeking the implementation of the procedure for cancellation registration or restoration registration for the registration itself, as the registration record (register) is not effective as of now.
(3) The purport of the instant claim is “registration of a right holder whose registration was cancelled if the purport of the instant claim was not legally cancelled,” and “registration to be transferred and recorded together with the need for recovery of the relevant registration,” and does not seek implementation of the procedure, etc. for recovery of cancellation.” 3. As such, the instant lawsuit falls under a case where the defect cannot be corrected as an unlawful lawsuit, and thus, it is so decided as per Disposition without pleading pursuant to Article 219 of the Civil Procedure Act.