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(영문) 광주고등법원 2016.05.13 2015나1719
학교법인 명칭변경
Text

1. The plaintiff's appeal is dismissed.

2. The action concerning any claim added in the trial shall be dismissed; and

3. Costs of appeal; and

Reasons

1. The reasoning for the admitting the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, i.e., “the defendant restores the name of the school juristic person C and registers the name of the school juristic person C” among the plaintiff’s claims. As such, this is cited in accordance with the

2. The claim added in the trial of the court for the determination of the claim added in the trial constitutes a lawsuit for formation aimed at restoring name C and simultaneously cancelling the dissolution thereof.

A lawsuit of formation may be brought only where the law expressly provides for it.

However, there is no legal basis for the Plaintiff to file the above lawsuit, and this part of the lawsuit is also unlawful.

3. The lawsuit of this case is unlawful and thus all of the lawsuits of this case must be dismissed.

Therefore, the plaintiff's appeal against the judgment dismissing the lawsuit of the first instance shall be dismissed, and the lawsuit concerning the claim added in the trial shall be dismissed.

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