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(영문) 서울고등법원 2019.08.28 2019누48914
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

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. If so, it is obvious that the plaintiff's lawsuit of this case is unlawful and its defects cannot be corrected.

Meanwhile, Article 219 of the Civil Procedure Act, which applies mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, provides, “If the defects are not corrected as a legal action, such defects may be rejected by a judgment without holding any pleadings.”

Article 413 of the Civil Procedure Act, which is applicable mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, provides that the above provision is located in Part II (the first instance trial proceedings), not in Part II (the general provisions) of the Civil Procedure Act, and it may also be applied to an appellate court on the system, and separate from the above provision, Article 413 of the Civil Procedure Act, which is applicable mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, may dismiss an appeal by a judgment without holding any pleadings, if the defects are not corrected as a lawful appeal. However, in consideration of the fact that the appellate court appears to be a separate provision in consideration of the fact that in addition to the requirements for appeal, the appellate court shall meet the requirements for appeal

Therefore, without pleading, the appeal of this case is dismissed, and it is so decided as per Disposition.

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