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(영문) 대구지방법원 2019.11.27 2019가단14933
소송비용담보제공명령신청취소등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Article 219 of the Civil Procedure Act provides that “In cases where an incidental lawsuit cannot be corrected due to its defects, such lawsuit may be dismissed by a judgment without holding any pleadings.”

The purpose of the claim in civil procedure must be clearly identified so that the content and scope can be clearly identified, and the issue of the purport of the claim is the matter to be examined ex officio. Thus, where the purport of the claim is not specified, the court shall order ex officio correction and dismiss the lawsuit if it does not comply with the order

(See Supreme Court Decision 201Da111459 Decided March 13, 2014). The Plaintiff submitted the instant complaint on August 8, 2019. As such, the Plaintiff cannot be deemed to have specified the purport of the claim, the instant court issued an order of correction to clarify the purport of the claim to the Plaintiff and clarify what the claim is. The order of correction was served on the Plaintiff on October 7, 2019.

On November 4, 2019, the Plaintiff submitted an amendment to the purport of the claim, but did not implement the said amendment, and instead did not specify it or did not add an unlawful claim.

In light of the above amendment, the purport of the instant lawsuit is not specified, or is unlawful as follows.

In other words, even if the claim 1 and 2 are the claim for cancellation of ownership transfer registration, the claim for cancellation of the registration against the person who is not the person responsible for registration is unlawful, the decision of voluntary decision of commencement of auction and revocation of the decision of compulsory execution should be disputed within the compulsory execution procedure, and the decision of security of litigation costs should also be disputed immediately in the case in which the decision of security is made.

Therefore, the instant lawsuit is inappropriate and its defects cannot be corrected, and thus, it is dismissed without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.

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