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(영문) 서울고등법원 2019.06.25 2019누35109
기타(일반행정)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

On August 6, 2018, the first instance court rendered a decision that the plaintiff's claim constitutes a case where it is evident that the plaintiff's claim is groundless in light of the contents of the plaintiff's written complaint and written application for modification of the purport of the claim, and other records of trial, and rendered a decision that orders the plaintiff to provide security for litigation costs pursuant to Article 8 (2) of the Administrative Litigation Act and Articles 117 and 120 of the Civil Procedure Act. Accordingly, the plaintiff's immediate appeal and reappeal were dismissed, and the above decision became final and conclusive. Nevertheless, the plaintiff did not provide legitimate security, and the first instance court rendered a judgment that dismissed the lawsuit of this case on December 14, 2018 on the ground that the plaintiff did not comply with the order to provide security for litigation costs.

Where any security for the costs of lawsuit is not provided, the court may dismiss the lawsuit by its judgment without holding any pleadings pursuant to Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 124 of the Civil Procedure Act.

Therefore, the judgment of the court of first instance which dismissed the lawsuit of this case on the same ground is just, and the plaintiff's appeal is dismissed without any further review as it is without merit. It is so decided as per Disposition.

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