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(영문) 창원지방법원 2019.11.21 2018재구합137
각하판결무효등확인
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (the plaintiff).

Reasons

The plaintiff revoked the Changwon District Court Decision 2018 Jae-gu 83 (Dismissal of Lawsuit for Retrial) and filed a lawsuit for retrial of this case in order to obtain confirmation that the judgment stated in the purport of the claim is invalid.

However, in order to object to the judgment of the court, the procedures prescribed by the Civil Procedure Act such as appeal shall be followed, and the judgment is a judicial action by the court, which is a judicial institution, and is not subject to administrative disposition by the administrative agency, which is an administrative agency

In addition to these circumstances, the record reveals that ① the Plaintiff filed a lawsuit for a retrial, and, upon receipt of the judgment dismissing the petition for a retrial order or the judgment dismissing the petition for a retrial, the Plaintiff repeats the lawsuit for a retrial against the order or the judgment (the original district court 2018 Jae-gu 21, 2018 Jae-gu Gohap45, 2018 Jae-Gu 45, 2018 Jae-gu 69, 2018 Jae-gu 2018), ② as seen earlier, it is impossible to achieve the purpose of confirming the invalidity of the judgment that the Plaintiff would ultimately achieve, and ③ there are no other materials to deem that there was a ground for retrial in the judgment subject to a retrial of each of the above lawsuits, the Plaintiff’s filing a lawsuit for a retrial of this case

Therefore, the lawsuit of this case is unlawful and its defects cannot be corrected.

Therefore, pursuant to Article 8 (2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act, the lawsuit of this case shall be dismissed without oral proceedings.

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