Main Issues
Limit of the right to request the verification
Summary of Judgment
The presiding judge of a fact-finding court is not obliged to, in all cases, in the absence of proof as the disputed facts, to urge the parties to prove the facts. Since the parties concerned have the duty to demand proof in light of the degree of litigation only when it is evident that the parties concerned are not able to prove due to negligence or misunderstanding, in a case where the parties concerned submit the materials to prove their own allegations,
[Reference Provisions]
Article 130 of the Civil Procedure Act, Article 14 of the Administrative Litigation Act
Plaintiff-Appellant
Park Jong-sik, Attorney Park Tae-sik, Counsel for the plaintiff-appellant
Defendant-Appellee
Daldong-gun Kim Yong-gun Office of Education, Kim Yong-chul, Counsel for the defendant-appellant in charge of education and art at Llldong-gun
original decision
Daegu High Court Decision 80Gu50 decided September 30, 1980
Text
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
Reasons
The grounds of appeal are examined.
According to the records, the plaintiff's right to use the land of this case to the non-party 1 on the same ground as that of the non-party 2's non-party 1 on the non-party 1 on behalf of the non-party 54.4.15, the non-party 2 on the non-party 1 on the above ground that the non-party 1's right to use the land of this case was not proved by the non-party 2 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1 on the ground.
Therefore, the appeal is dismissed as without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.
Justices Kang Young-young (Presiding Justice)