logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.10.28 2020가합518064
법원의 권한없음 확인의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff filed the instant lawsuit claiming that the applicant of the Seoul Central District Court 2020Kadam3030 case (hereinafter “subject case”) claimed that “the prosecutor always performs the prosecutor’s duties irrespective of the indictment site,” and that the subject case is not a legal dispute that can solve the legitimacy of the assertion by the trial, and thus, the Defendant does not have jurisdiction over the subject case.

However, an immediate appeal may be filed against a decision on the application for the provision of lawsuit costs (Article 121 of the Civil Procedure Act). As in the instant case, seeking confirmation that the Defendant, who rendered a decision on the application for the provision of security in separate lawsuit, has no jurisdiction over the subject case is confirmed. Thus, it cannot be said that there is no particular effectiveness in removing the legal status of the Plaintiff, and that it cannot be a valid and appropriate means in light of the economy of litigation, as there

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the instant lawsuit is unlawful and its defects cannot be corrected, and thus, the instant lawsuit is dismissed without pleading pursuant to Article 219 of the Civil Procedure Act.

arrow