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(영문) 수원지방법원 2017.08.10 2016나75159
주위토지통행권확인 등
Text

1. Of the judgment of the court of first instance, the part of the principal lawsuit against the defendant's Ansan shall be revoked, and the revocation part shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is that the court of first instance is the same as the ground for the judgment of the court of first instance, except that the court of first instance, “the judgment on the claim of second suit” as stated below 2, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim on the principal lawsuit

A. 1) Determination on the part of the lawsuit in this case regarding the defendant Ansan City is examined ex officio as to the legitimacy of the part of the lawsuit in this case concerning the defendant Ansan City. Article 7 of the Administrative Litigation Act provides that the transfer of the lawsuit in this case to the competent court shall be made by applying Article 34(1) of the Civil Procedure Act in a case where an administrative litigation was instituted to a court where the court at different levels without the plaintiff's intention or gross negligence, and it is desirable in terms of the party's remedy for infringement of rights or the economy of litigation to transfer the lawsuit in this case to the competent court rather than to dismiss the lawsuit in this case on account of its illegality. Thus, in a case where the plaintiff misleads the competent court as a civil litigation without intention or gross negligence, if the lawsuit in this case has jurisdiction over the administrative litigation, it shall be deliberated and determined through an administrative litigation, and if it does not have jurisdiction over the administrative litigation, the part of the lawsuit in this case shall be removed from the competent court at the time of voluntary removal, etc. (see, e.g., Supreme Court Decision 2005Da9697.).

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