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(영문) 의정부지방법원 2015.01.27 2013구합16703

취득세부과처분취소

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1. The instant lawsuit was concluded on August 23, 2014 as deemed the withdrawal of the lawsuit.

2. The costs of the lawsuit after the completion of the lawsuit.

Reasons

1. The following facts are apparent in the records:

On May 8, 2013, the Plaintiff filed a lawsuit against the Governor of the Gyeonggi-do seeking confirmation of invalidity of a disposition stated in the purport of the claim with the Suwon District Court (2013Guhap8918). On October 25, 2013, the Plaintiff corrected the said lawsuit by the ruling of permission for Defendant’s rectification on the first day for pleading 14:20 open on October 25, 2013, and thereafter, the said court transferred the said lawsuit to the competent court.

B. On May 20, 2014, the Plaintiff submitted a written notice of the second date for pleading ( June 3, 2014) from this court, and on May 20, 2014, the Plaintiff submitted to the court on June 26, 201, a document stating that “It is difficult to attend the said date for pleading on the ground of one’s personal nature, and thus, it would be substituted by the already submitted briefs.”

C. On June 3, 2014, this court proceeded with the second date for pleading at the place where only the Defendant was present, and ordered the Plaintiff to state the preparatory documents submitted by the Plaintiff after the first date for pleading. On the same day, this court served a notice on the Plaintiff on the third date for pleading ( July 1, 2014), but was not served due to the absence of closure, and sent the said notice on June 17, 2014.

On July 1, 2014, the plaintiff was not present on the third date for pleading opened on July 1, 2014, and the defendant was present, but did not present.

E. On July 6, 2014, the Plaintiff submitted a written notice of the fourth date for pleading ( July 22, 2014) from this court, and on July 15, 2014, the Plaintiff submitted to this court the document that “I wish to substitute for attendance with the already submitted preparatory documents,” but did not submit additional preparatory documents by the fourth date for pleading.

F. On July 22, 2014, the Plaintiff was not present on the fourth date for pleading opened on July 22, 2014, and the Defendant was present, but did not present any pleading.

G. On October 7, 2014, after one month from the fourth date for pleading, the Plaintiff contests the validity of the withdrawal of the suit to this court.