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(영문) 서울중앙지방법원 2020.12.17 2020가합560379
가등기말소
Text

All of the lawsuits of this case are dismissed.

Litigation Costs shall be borne by A.

Reasons

1. We examine the legitimacy of each lawsuit listed in the separate sheet ex officio in determining the legitimacy of the lawsuit.

In a lawsuit to which the State is a party, the Minister of Justice represents the State, and the Minister of Justice may designate staff of the Ministry of Justice, public prosecutors of prosecutors' offices at all levels, or public-service advocates as prescribed by the Public-Service Advocates Act to perform the State litigation. If deemed necessary for the state litigation with respect to the duties or supervision of an administrative agency, he may, after hearing the opinions of the head of the administrative agency concerned, appoint staff of the administrative agency and have them perform

(See Articles 2 and 3 of the Act on Litigation to Which the State is a Party. However, there is no evidence to acknowledge that A, an agent of the Plaintiff, was designated or appointed by the Minister of Justice for the performance of each of the lawsuits listed in the separate sheet. Rather, according to the records, A is deemed to have abused his/her authority and filed each lawsuit listed in the separate sheet when he/she is the representative of the Plaintiff Republic of Korea. As such, each lawsuit listed in the

In addition, A cannot confirm not only the purpose of claim and the cause of claim, but also the defendant's assertion in the case of the defendant's defendant, as well as the ability of the plaintiff as a party and its substance or existence.

Without properly specifying the purport of the claim, it is unlawful for the Defendants, the other party, by repeatedly filing a lawsuit that clearly lacks legal grounds, to induce the Defendants, who are the other party, and to spend them in an unnecessary way, as it constitutes abuse of the right of action.

2. If so, it is reasonable to view each lawsuit listed in the separate sheet as an unlawful lawsuit and thus cannot be corrected.

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