대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Determination on the legitimacy of the appeal of this case
A. 1) The Plaintiff and the Defendant agreed to withdraw the instant appeal after filing a summary of the Plaintiff’s assertion (hereinafter “Agreement to withdraw the instant appeal”).
As such, the instant appeal is unlawful. 2) The Plaintiff’s summary of the Defendant’s assertion was provisionally seized real estate owned by the Defendant (No. 2015Kahap308, hereinafter “instant provisional seizure”), and the Defendant deposited the provisional seizure deposit for cancellation of its execution.
(No. 636 of Jeju District Court in 2016, hereinafter “instant deposit”). The instant agreement on the withdrawal of the appeal was agreed on the condition that the Plaintiff and the Defendant withdraw the instant deposit and distribute it. As such, other creditors of the Defendant’s right to claim the recovery of the instant deposit were unable to recover the deposit by provisional seizure.
Therefore, since the fulfillment of the above conditions was impossible, the agreement to withdraw the appeal of this case is null and void.
B. Determination 1) Where the parties to a lawsuit have agreed to withdraw an appeal outside of a lawsuit, the agreement shall be valid and thus, the appeal shall be dismissed (see, e.g., Supreme Court Decision 81Da1312, Mar. 9, 1982). (2) In full view of the entries of evidence 18-1 through 3, 19-1, and 19-2, and partial testimony and arguments of the witness F of the trial party, the Plaintiff and the Defendant withdraw the provisional attachment of this case, around October 24, 2016, and agreed to withdraw the appeal of this case; (2) pursuant to the above agreement, the Plaintiff voluntarily withdrawn the application for the provisional attachment of this case on Oct. 24, 2016; and (2) the Defendant shall delegate the Plaintiff’s authority to submit the withdrawal of the appeal of this case to the court of competent jurisdiction to the Plaintiff’s attorney.”
However, the withdrawal of an appeal shall be made in the course of the appeal.