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(영문) 수원지방법원 2014.09.23 2013가합21430
상속회복청구등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs filed the instant lawsuit on October 1, 2013, and the Defendant filed an application for the provision of litigation costs with this court on December 18, 2013.

On January 15, 2014, based on Articles 117(1), 120, and 122 of the Civil Procedure Act, the court rendered a decision that “the Plaintiff shall order the Defendant to deposit KRW 16,613,500 with the Defendant as security for the litigation costs of this case within 15 days from the date of receiving this decision,” and the said decision was served on the Plaintiffs on January 27, 2014.

The plaintiffs appealed against the above decision on January 30, 2014, and the appellate court (Seoul High Court 2014Ra20052) rendered a decision on June 3, 2014 in addition to the above decision that "However, the plaintiffs may submit a document concluding a payment guarantee entrustment contract with the amount guaranteed as the amount guaranteed." The above decision was served on the plaintiffs on June 9, 2014, and it became final and conclusive.

After the above decision became final and conclusive, the Plaintiffs did not provide the above security.

[Ground of recognition] Clearer in records or obvious facts to this court

2. According to the above facts of recognition, since the decision ordering the plaintiffs to provide security was notified and the decision was not provided within the period for providing security after the decision became final and conclusive, the lawsuit of this case is dismissed without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure

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