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(영문) 인천지방법원부천지원 2015.05.08 2015가단3855
건물명도 및 부당이득금반환
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

In civil procedure, the purport of the claim should be clearly identified so that its contents and scope can be clearly identified. Since the issue of the specification of the claim is an ex officio examination, where the purport of the claim is not specified, the court shall ex officio order the correction and dismiss the lawsuit if it does not comply with the order of correction.

(See Supreme Court Decision 201Da11459 Decided March 13, 2014 (see, e.g., Supreme Court Decision 2011Da11459, Mar. 13, 2014). Although the Plaintiff filed the instant lawsuit against the Defendants, the Plaintiff submitted the instant complaint by stating the purport of the claim that does not specify the contents of the claim to each Defendant. Within April 20, 2015, the Plaintiff did not comply with the order of correction issued on April 15, 2015.

Therefore, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.

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