Ora natural tourist farm farming association (Attorney Jeong-dae, Counsel for the plaintiff-appellant)

2. The term "agricultural partnership name/distribution" and 2 others

Jeju District Court Order 2012 Gohap2688 dated January 21, 2013

The appeal of this case is dismissed.

1. Basic facts

According to the records, the following facts are substantiated.

A. On October 9, 2012, the Plaintiff (hereinafter “Plaintiff”) filed a lawsuit against the Defendants seeking the cancellation, etc. of the ownership transfer registration (No. 2012Gahap2688, Jeju District Court (hereinafter “instant lawsuit”).

B. The court of first instance ordered the Plaintiff, on January 21, 2013, to deposit KRW 5,800,000 on behalf of the Defendants within 15 days as security in relation to the instant principal lawsuit, deeming that the instant principal lawsuit constitutes a case where providing security for the costs of lawsuit under Article 117 of the Civil Procedure Act. The court of first instance ordered the Plaintiff to deposit KRW 5,80,000 for the Defendants within 15 days.

2. Summary of the plaintiff's assertion

In light of the evidence submitted by the Plaintiff in the course of the instant lawsuit, it cannot be deemed that the instant lawsuit constitutes a case where it is evident that the claim is groundless by the record. Therefore, it is unreasonable for the court of first instance to render the judgment to the Plaintiff on the premise that the instant lawsuit satisfies the requirements for the order to provide security under Article 117 of the Civil Procedure Act with respect to the instant case.

3. Determination

In the event that the court determines that the provision of security for the costs of lawsuit is necessary because the plaintiff did not have a domicile, office, or office in the Republic of Korea, or when it is evident that the claim is groundless based on the complaint, preparatory documents, or other records of trial, the court may order the plaintiff to provide security for the costs of lawsuit ex officio, and the amount of security shall be determined on the basis of the total amount of expenses to be paid by the defendant in each instance (Articles 117 and 120 of the Civil Procedure Act). The court may determine the amount of security on the basis of the total amount of expenses predicted to be normally disbursed for the specific lawsuit brought by the plaintiff in each instance (see Supreme Court Order 9Ma63, May 4, 199). According to the records, the court of first instance ordered the plaintiff to provide security for the costs of lawsuit on the ground that the lawsuit brought by the plaintiff falls under the requirements prescribed in Article 117 of the Civil Procedure Act, and further, according to the contents of the lawsuit in this case, it is likely that the defendants will pay a reasonable amount of attorney fees in the first instance court within 1000.

4. Conclusion

Therefore, the appeal of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Sung Pung-mul(Presiding Judge)