주위토지통행권확인
1. On December 12, 2015, the instant lawsuit was concluded as the withdrawal of the appeal by the Plaintiff (Counterclaim Defendant).
2. Application for designation of the date;
1. On October 15, 2015, the Plaintiff was absent from office on the second date for pleading as of October 21, 2015, despite being served with the second date for pleading as of October 21, 2015, and thereafter, the Plaintiff was absent on the third date for pleading as of October 26, 2015, despite being served with the third date for pleading as of October 26, 2015; the Defendant’s attorney was present at all on the third date for pleading as of November 11, 2015; the Defendant’s attorney was not present on the third date for pleading as of November 26, 2015; the Plaintiff’s attorney was not present on the third date for pleading as of December 17, 2015, which is one month after the third date for pleading as of December 17, 2015.
According to the above facts, the instant lawsuit was concluded on December 12, 2015, where one month has elapsed from the third date for pleading pursuant to Article 268(2) and (4) of the Civil Procedure Act.
As to this, the plaintiff asserted that the date of application for designation sent on December 9, 2015 by negligence of post office employees was sent to Gwangju District Court and returned and failed to observe the date, and that there was an application for designation of date so long as it was delivered to a court, not under the exclusive jurisdiction of the plaintiff, and thus there was no validity of the principle of withdrawal of lawsuit. However, there is no evidence to prove that the application for designation of date was sent erroneously due to the negligence of post office employees, such as the plaintiff's assertion, and there is no other evidence to prove that the other part of the plaintiff's assertion cannot prevent the validity of the principle of withdrawal of appeal as stipulated in law, i.e.
2. In conclusion, a declaration of the completion of the lawsuit in this case is to be rendered, and it is so decided as per Disposition.