사해행위취소
In this case, the withdrawal was terminated on October 25, 2017.
On August 1, 2017, the Plaintiff filed the instant lawsuit. On September 13, 2017, the Defendant submitted a written reply, stating the Defendant’s motion to dismiss the Plaintiff’s claim, and on September 28, 2017, the instant lawsuit was instituted after the expiration of the exclusion period of the obligee’s revocation lawsuit, and thus, is unlawful and thus, the said written reply should be dismissed.
On October 25, 2017, the plaintiff submitted a written withdrawal of the lawsuit, and the defendant submitted a written consent to the withdrawal on the same day.
In the case of the Defendant’s dismissal of the merits as a main defense, the Plaintiff’s withdrawal of the suit can be made without the consent of the Defendant, since the Defendant’s withdrawal of the suit is the preliminary claim on the merits.
(See Supreme Court Decision 68Da217, 68Da218, April 23, 1968) Accordingly, the instant lawsuit was concluded as withdrawn on October 25, 2017.