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(영문) 서울서부지방법원 2017.02.14 2015가단2198
손해배상등결과제거의무이행
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

In civil litigation, the rights or legal relations in which the parties are the subject matter of a lawsuit shall be specified, and if the subject matter of a lawsuit is not specified, the court does not specify the subject matter of a trial and the scope of the effect of a trial. Therefore, whether the subject matter of a lawsuit is specified or not belongs to the matter of ex

In the lawsuit of this case, it cannot be understood that the cause of the claim is specified since it cannot be understood that the Defendants are obligated to pay money based on what facts and legal grounds. The part of the claim for cancellation registration is not clear, and thus, the purport of the claim and the cause of the claim are not specified.

On the other hand, although the plaintiff (appointed party) filed a lawsuit similar to the lawsuit in this case several times, the fact that the plaintiff had received a new dismissal ruling for the reasons of the purport of the claim and the unspecified cause of the claim is significant in this court.

Thus, the lawsuit of this case is unlawful and it is not possible to correct the defects. Thus, it is dismissed without holding any pleadings.

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