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(영문) 서울고등법원 2020.05.22 2019누58515
부작위위법확인 등
Text

1. The plaintiff's appeal is all 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

The plaintiff stated in the complaint that the contents and scope of the claim cannot be clearly identified, and the first instance court ordered the plaintiff to specifically specify the purport of the claim, but the plaintiff did not comply with it within the designated period.

Accordingly, the court of first instance rejected the instant lawsuit by judgment without holding any pleadings.

The plaintiff appealed against the judgment of the court of first instance, and the court of first instance rejected the lawsuit in this case without providing a legal aid to the plaintiff, despite the plaintiff's written amendment, it is unlawful, and there is an error of law such as incomplete hearing and misunderstanding of legal principles.

According to the records of this case, it is recognized that the lawsuit of this case is unlawful and cannot be corrected. The plaintiff cannot be deemed to meet the requirements for litigation aid.

Article 219 of the Civil Procedure Act provides that it is not desirable in terms of litigation and economic aspects to hold and examine pleadings even in cases where the requirements for lawsuit are defective and it is impossible to correct them.

Therefore, as long as the lawsuit of this case is unlawful and its defects cannot be corrected, the plaintiff's appeal is dismissed without holding any pleadings. It is so decided as per Disposition.

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