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(영문) 서울고등법원 2015.11.13 2015누54874
난민불인정결정취소
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

Ex officio, we examine the legitimacy of the appeal of this case.

According to the records, the Plaintiff filed a lawsuit against the Defendant for the revocation of a disposition not to grant refugee status under the Seoul Administrative Court 2015-Gu 2102, and the judgment against the Plaintiff was rendered on July 9, 2015, and the Plaintiff appealed against the above judgment; the Plaintiff did not attach stamp to the petition of appeal; the court of first instance issued an order to pay KRW 310,500 to the Plaintiff on July 27, 2015; on July 28, 2015, the Plaintiff filed an application for a litigation aid with the Seoul Administrative Court 2015-Gu 20152 with respect to the stamp and delivery fees of the petition of appeal, but the said judgment was dismissed; on the other hand, the Plaintiff failed to pay part of the stamp and delivery fees to the Plaintiff, but the remaining stamp were not paid within seven days from September 14, 2015, and the court issued the above order to the Plaintiff on July 17, 2015, without being served with the Plaintiff on the date of the order.

According to the above facts of recognition, the appeal of this case is unlawful because it is not proper to attach stamps under the provisions of law despite the order of correction. Thus, the appeal of this case is dismissed under Article 8(2) of the Administrative Litigation Act and Article 413 of the Civil Procedure Act and is so decided as per Disposition

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