logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.03.31 2014가합40060
소유권말소등기
Text

1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.

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

Reasons

1. The following facts are apparent in the records or significant to this court:

On February 16, 2015, the court rendered a decision to provide security to the Plaintiff that “the Plaintiff shall order the Defendants to deposit KRW 33,655,237 as security of the litigation costs of this case within seven days from the date this decision became final and conclusive,” pursuant to Articles 117(1) and 120(1) of the Civil Procedure Act.

B. The Plaintiff filed an appeal against the above decision, and on January 4, 2016, from the appellate court (Seoul High Court 2015Ra2025), the Plaintiff ordered the deposit of KRW 31,394,059 as collateral for the litigation costs of the instant case within seven days from the date this decision became final and conclusive. The Plaintiff issued a modified decision that “The Plaintiff may submit a document concluding a payment guarantee entrustment contract with the said money as guaranteed amount.” On January 11, 2016, the Plaintiff did not file an appeal even after receiving the above decision of the appellate court, and the said decision of the appellate court became final and conclusive at that time.

C. The Plaintiff did not provide any security following the above decision of the appellate court until this decision is rendered, as well as within the time limit for providing security as stipulated in the above decision of the appellate court.

2. If so, without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act, the plaintiff's lawsuit of this case against the defendants is dismissed. It is so decided as per Disposition.

arrow