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(영문) 서울고등법원 2019.11.13 2019누57512
부작위위법확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance 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. If so, it is obvious that the plaintiff's lawsuit of this case is unlawful and its defects cannot be corrected.

Meanwhile, Article 219 of the Civil Procedure Act, which applies mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, provides, “If the defects are not corrected as a legal action, such defects may be rejected by a judgment without holding any pleadings.”

Article 413 of the Civil Procedure Act, which is applicable mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, provides that the above provision is located in Part II (Litigation Procedures in the First Instance), not in Part I (General Provisions) of the Civil Procedure Act, and it may also be applied to an appellate court on the system, apart from the above provision, shall be deemed that the appeal may be dismissed by a judgment without holding any pleadings if the defects are not corrected as a lawful appeal. However, in light of the fact that the appellate court separately takes into account the fact that in addition to the requirements for the lawsuit, the appeal must meet the requirements for appeal in addition to the requirements for the lawsuit, it shall be deemed that Article 219 of the Civil Procedure Act may be applied even if the appeal against the ruling

Therefore, without pleading, the appeal of this case is dismissed, and it is so decided as per Disposition.

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