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(영문) 서울중앙지방법원 2020.12.09 2020가단5055790
소유권말소등기
Text

The instant lawsuit is dismissed.

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

Reasons

We examine the legitimacy of ex officio a suit.

The purpose of the claim in a lawsuit shall be clearly specified so as to clearly identify its contents and scope, and as the determination of the purport of the claim is an ex officio examination, if the purport of the claim is not specified, the court shall order ex officio correction regardless of whether the defendant raises an objection, and dismiss the lawsuit, if the defendant does not comply with it.

(See Supreme Court Decision 2007Da53785 Decided November 12, 2009, etc.). The Plaintiff’s claim of this case is seeking implementation of the procedure for registration of cancellation of part of the land. It is apparent in the record that the location, area, and shape of part of the land subject to the procedure for registration of cancellation was not specified. As to the order of correction as of October 6, 2020 of this court, the Plaintiff did not comply with it until the expiration of the correction period after receiving it on the same day. Thus, the lawsuit of this case is unlawful and dismissed.

Therefore, it is so decided as per Disposition.

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