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(영문) 서울고등법원 2020.05.22 2019누58584
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

purport.

Reasons

The judgment of the first instance court rejected the instant lawsuit without holding any pleadings pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act, on the ground that the instant lawsuit falls under cases where it is improper to correct the defects.

The plaintiff appealed against the judgment of the court of first instance, and the court of first instance rejected the lawsuit in this case, notwithstanding the submission of the plaintiff's written correction, without any legal aid to the plaintiff.

According to the records of this case, it is recognized that the lawsuit of this case is unlawful and cannot be corrected, and it is difficult to deem that the plaintiff satisfies the requirements for legal aid.

Article 219 of the Civil Procedure Act provides that a lawsuit may be dismissed by a judgment without holding any pleading, as it is not desirable in terms of litigation and economic aspects to hold and examine the case even in cases where the requirements for lawsuit are defective and it is impossible to correct them.

Therefore, the plaintiff's appeal is dismissed without holding any pleadings, so long as the defects of the lawsuit in this case are improper and cannot be corrected.

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