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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the court of first instance cited in this case is the same as that of the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. In conclusion, the lawsuit of this case is unlawful and its defects cannot be corrected. Thus, the lawsuit of this case is dismissed by a judgment without holding any pleadings. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal of this case is dismissed as it is without merit.
[2] Article 8(2) of the Administrative Litigation Act provides that the provisions of the Civil Procedure Act shall apply mutatis mutandis to matters not specifically provided for in the Administrative Litigation Act with respect to the administrative litigation. The Civil Procedure Act provides that "if an action is unlawful and its defects cannot be corrected, such action may be dismissed by judgment without holding any pleadings (Article 219)." The above provisions are located in Part 2 (Procedure for First Instance), not in Part 1 (General Provisions), and may also apply to an appellate court under the system. Further, separate from the above provisions, the Civil Procedure Act provides that "if an appeal is unlawful and its defects cannot be corrected, an appeal may be dismissed by judgment without holding any pleadings (Article 413)." This is a separate provision in the appellate court taking into account that the requirements for appeal should also be met in addition to the requirements for appeal (Article 413). Accordingly, the appellate court shall dismiss the lawsuit without holding any pleadings, on the ground that it is improper and the defects cannot be corrected as in this case, and it may be dismissed by applying Article 8(2)9) of the Civil Procedure Act without holding any pleadings.