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(영문) 부산지방법원 2019.11.22 2019구합23303
소유권확인 등 청구의 소
Text

1. Rejection of the instant lawsuit

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

Reasons

Facts of recognition

The following facts are apparent in the records or obvious to this court.

On August 13, 2019, the Plaintiff filed the instant lawsuit against the Defendants. On September 24, 2019, this Court decided to deposit KRW 17,600,000 as security for litigation costs within 14 days from the date this decision was notified.

The original copy of the above decision was served on the Plaintiff on September 24, 2019, and the Plaintiff appealed on September 25, 2019 and filed an appeal on September 25, 2019, but did not pay the stamp for the written appeal and the service fee.

On September 25, 2019, the presiding judge of this court ordered the Plaintiff to pay KRW 1,800 as well as KRW 19,200 as to the petition of appeal and KRW 19,200 within seven days from the date of receipt of the order of correction. However, the Plaintiff did not pay the above stamp and service charge within the deadline specified in the order of correction.

Accordingly, the presiding judge of this court ordered the rejection of the plaintiff's appeal on October 18, 2019, and the decision of this court to provide litigation costs became final and conclusive as it is.

The plaintiff did not provide a security ordered in the above decision as well as 14 days from the date of confirmation of the court's decision on the provision of litigation costs.

Where it is deemed necessary to provide a security for litigation costs, such as when a claim based on a written complaint and other records of trial is clearly groundless, the court may order the plaintiff to provide a security for the litigation costs ex officio (Article 117(2) and (1) of the Civil Procedure Act). If the plaintiff fails to provide such security within the period for providing the security, the court may dismiss the lawsuit by judgment without holding any pleadings (main sentence of Article 124 of the Civil Procedure Act). The facts that the plaintiff did not provide such security within the period for providing the security in this case are as seen earlier.

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