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(영문) 창원지방법원통영지원 2015.10.29 2014가단12811
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Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination ex officio as to the legitimacy of the instant lawsuit

A. The purport of the claim in civil procedure must be clearly identified so that the content and scope can be clearly identified, and the issue of whether the purport of the claim is specified is an ex officio examination. Thus, where the purport of the claim is not specified, the court shall ex officio order the correction and dismiss the lawsuit if the order of correction is not complied with.

(Supreme Court Decision 2011Da11459 Decided March 13, 2014). B.

In this case, the purport of this case does not specify the cause of the transfer registration and the share seeking the transfer thereof, and thus the court ordered the Plaintiff to correct it on the fourth date for pleading, but the Plaintiff requested that the pleading be closed without complying therewith. The lawsuit in this case is unlawful because the purport of the claim is not specified.

2. As such, the instant lawsuit is dismissed as it is unlawful.

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