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(영문) 대구지방법원 2015.04.09 2014나15413
건축물 관리비반환
Text

1. The plaintiff's appeal shall be dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

As the Plaintiff lost at the first instance court, on September 11, 2014, the Plaintiff appealed. On November 5, 2014, this court rendered ex officio an order to provide the Plaintiff with litigation costs that “it shall deposit KRW 3,00,000 for the Defendant as a security for litigation costs within 15 days from the date on which the decision was notified,” pursuant to Articles 117(2), 117(1), and 120 of the Civil Procedure Act, on the ground that the instant case constitutes a case where the claim based on the written complaint, written brief, and other court records is obviously groundless. The Plaintiff re-appealed after receiving the notification, but the Supreme Court dismissed the Plaintiff’s re-appeal on February 13, 2015 as the date on which the order to provide litigation costs became final and conclusive. Nevertheless, the Plaintiff’s failure to provide a security as well as within 15 days from the date of notification and the date on which the said decision became final and conclusive as well as from the date of providing a security to the present.

Therefore, pursuant to Article 408 and the main text of Article 124 of the Civil Procedure Act, the appeal of this case shall be dismissed without holding any pleadings, and it is so decided as per Disposition.

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