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(영문) 서울행정법원 2018.01.25 2016구합62764
형사사건 재심청구를 민원처리
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

The following facts may be recognized by the court of this case or by the records of this case:

① On May 12, 2016, the Plaintiff submitted to this court a written complaint stating the purport of the claim stated in attached Form 3.

② On May 16, 2016, the instant court ordered correction to the effect that “within seven days from the date of receipt of the notice of this order of correction, the Plaintiff is going to specify the purport of the claim with the content of clarifying and clarifying the claim relations among the Defendant.”

③ On May 24, 2016, the Plaintiff served the above order of correction, and on May 27, 2016, indicated that “the Plaintiff does not comply with the above order of correction as there is no legal obligation to simply and clearly indicate the purport of the complaint’s claim.”

④ After that, the Plaintiff amended the purport of the claim as stated in [Attachment 4] on August 10, 2016. On September 30, 2016, the Plaintiff amended the purport of the claim as stated in [Attachment 1], and subsequently corrected part of the purport of the claim as stated in [Attachment 1] on October 6, 2016.

Article 249 (1) of the Civil Procedure Act, which is applied mutatis mutandis by Article 8 (2) of the Administrative Litigation Act, provides that "the head of the complaint shall state the parties, their legal representatives and the reasons for the

Here, “the purport of the claim” to be stated in the complaint is the part of the lawsuit, and it is concluded that the plaintiff requests a judgment of the kind and kind. Therefore, it should be clearly identified so that it can be clearly identified.

In light of the above facts and the purport of the claim stated in attached Form 1, the purport of the complaint of this case cannot be clearly identified, and even if the presiding judge's order of correction was issued, the plaintiff did not clearly state the purport of the claim.

Therefore, in accordance with Article 8(2) of the Administrative Litigation Act and Article 254(1) and (2) and Article 249(1) of the Civil Procedure Act, the order to dismiss the complaint should be issued, but since the complaint is served on the defendant and the lawsuit is pending.

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