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(영문) 서울행정법원 2019.06.05 2018구합1602
부작위위법확인 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

In an administrative litigation, the purport of the claim shall be clearly identified so that its contents and scope can be clearly identified. Since the issue is whether it is specified, inasmuch as the purport of the claim is not specified in the ex officio investigation, the court shall order ex officio correction and dismiss the lawsuit if it does not comply with

(see, e.g., Supreme Court Decisions 80Da2904, Sept. 8, 1981; 2007Da5069, Oct. 9, 2008). The Plaintiff stated in the complaint that the contents and scope of the claim cannot be clearly identified as above, and the Plaintiff did not comply with the Plaintiff’s request within the designated period, even though this court ordered the Plaintiff to specify the purport of the claim.

Therefore, in accordance with Article 8(2) of the Administrative Litigation Act and Article 254(2) and (1) of the Civil Procedure Act, an order to dismiss a complaint shall be issued, but since a complaint has been served on the Defendants and the lawsuit has been pending, it is so decided as per Disposition by a judgment to dismiss the instant lawsuit.

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