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(영문) 서울중앙지방법원 2021.01.21 2020가합566278
강제집행에 관한 소송
Text

The instant lawsuit is dismissed.

Litigation Costs shall be borne by A.

Reasons

1. We examine, ex officio, whether the instant lawsuit is lawful or not.

In a lawsuit to which the State is a party, the Minister of Justice represents the State. The Minister of Justice may designate a staff member of the Ministry of Justice, a public prosecutor of the prosecutors' office at each level, or a public legal officer prescribed by the Act on Public Interest Law, and allow the State to perform the lawsuit. If deemed necessary for the State litigation concerning the affairs under the jurisdiction or supervision of an administrative agency, he/she may, after hearing the opinion of the head of the administrative agency, appoint a staff member of the administrative agency and have him/her perform the lawsuit, and may appoint an attorney-at-law as a litigation agent (see Articles 2 and 3 of the Act on Litigation to which the State is a Party). In such a case, A, the Plaintiff’

There is no evidence to determine the person, and rather, according to the records, A appears to have filed the instant lawsuit by taking advantage of his/her authority to act as the representative of the Republic of Korea, the Plaintiff is deemed to have abused his/her authority, and thus, the instant lawsuit was instituted by a person without the authority

2. In conclusion, it is reasonable to see that the lawsuit of this case is an unlawful lawsuit and thus, it cannot be corrected. Thus, it shall be dismissed without pleading pursuant to Article 219 of the Civil Procedure Act, and the costs of lawsuit shall be borne by A, an agent who conducted the litigation pursuant to Articles 108 and 107(2) of the Civil Procedure Act.

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