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(영문) 서울중앙지방법원 2018.02.27 2017가단63482
가등기 무효 취소의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The following facts are clear in records:

The Plaintiff (Appointed Party) did not affix stamps while filing the instant lawsuit. On the same day, the Plaintiff applied for the legal aid of the stamp, etc. by Seoul Central District Court 2017Kao654, and received a decision on the legal aid on July 26, 2017 only for “service fees and attorney’s fees.”

After that, on September 15, 2017, the Plaintiff (Appointed Party) submitted an additional application for the purport of the claim on September 15, 2017. On October 11, 2017, the Plaintiff (Appointed Party) again filed an application for a litigation against the stamp, etc. with the Seoul Central District Court 2017Kao931, which was ordered by this court to make correction of stamp, etc. on September 26, 2017. The said application was dismissed on November 13, 2017.

(A) On November 15, 2017, the Plaintiff (Appointed Party) submitted an application for modification (exchangeal modification) of the purport of the claim and the cause of the claim, as stated in the instant claim, as of November 15, 2017, and each of the orders was issued as of November 30, 2017 and January 9, 2018, stating that “the stamp must be corrected within seven days from the date of receipt of the order,” but the Plaintiff (Appointed Party) received each of the above orders to make correction and did not pay the stamp.

As above, since the plaintiff (appointed party) did not correct it within the time limit after receiving an order of stamp correction, it is necessary to issue an order of rejection of the complaint pursuant to Article 254(2) and (1) of the Civil Procedure Act. However, since the complaint has been served on the defendant and the lawsuit has been pending, the lawsuit of this case shall be dismissed by judgment without holding any pleadings pursuant to Article 2

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