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(영문) 서울고등법원 2014.10.17 2014누52451
조합원지위무효확인
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 June 2, 2014, the Plaintiff appealed. On June 16, 2014, this court dismissed the Plaintiff’s reappeal under the control of the court on the ground that the instant case constitutes a case where the claim based on the written complaint, written brief, and other records of trial is obviously groundless, and pursuant to Article 8(2) of the Administrative Litigation Act and Articles 117(2) and (1), 120, and 122 of the Civil Procedure Act, the Plaintiff ordered the Plaintiff to deposit KRW 6,00,000 for the Defendants as a security for litigation costs within seven days from the date this decision became final and conclusive, and the Plaintiff re-appealed after being notified. However, the Supreme Court dismissed the Plaintiff’s reappeal under the control of the Supreme Court Decision 2014No495, Sept. 19, 2014; notwithstanding the fact that the order to provide litigation costs became final and conclusive, the Plaintiff not only provided a security within seven days from such final and conclusive date, but also has been clearly recorded in the court.

Therefore, pursuant to Article 8(2) of the Administrative Litigation Act and 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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