토지사용료
1. The instant lawsuit was concluded on October 31, 2016 by withdrawal of the lawsuit.
2. The costs of litigation after the request for designation of date is made.
The Plaintiff filed a lawsuit against the Defendant and C, and thereafter a certified judicial scrivener entrusted the Plaintiff with the preparation and submission of a written withdrawal of the lawsuit on October 13, 2016, and C submitted a written withdrawal of the lawsuit on the same day, and C submitted a written consent of the withdrawal of the lawsuit on the same day, and the Defendant did not raise an objection after receiving a written withdrawal of the lawsuit on October 15, 2016, is apparent in the record.
Since then, the Plaintiff delegated only the submission of the withdrawal of the lawsuit against C to a certified judicial scrivener, but the withdrawal of the whole lawsuit was submitted due to a mistake by a certified judicial scrivener, and filed an application for designating a date to the effect that the withdrawal of the lawsuit against the Defendant is withdrawn
The withdrawal of a lawsuit by the plaintiff is the litigation for the plaintiff's court to extinguish the continuation of the lawsuit by the withdrawal of the lawsuit filed by the plaintiff, and the litigation act is bound to determine its validity on the basis of its expression rather than the intention in general civil law. Thus, the office clerk who received an order from the plaintiffs' attorney to withdraw the lawsuit against one of the plaintiffs falls under the plaintiffs' attorney's representation agency and his mistake is deemed to be the error of the plaintiffs' attorney. Thus, the office clerk dismissed the lawsuit by all of the plaintiffs against the plaintiffs' attorney's will.
Even if this cannot be deemed null and void, and as long as a written withdrawal of a legitimate lawsuit has been submitted, the plaintiff may not withdraw it at will without asking the other party before or after the service of the document.
(See Supreme Court Decision 97Da6124 delivered on June 27, 1997). The party’s procedural acts, unlike general judicial acts, are bound to determine whether it is effective on the basis of the internal deliberation rather than the internal deliberation intent. Thus, even if the withdrawal of a lawsuit is contrary to the internal deliberation intent, it cannot be deemed null and void.
(See Supreme Court Decision 80Da3251 Decided April 12, 1983). Ultimately, the instant lawsuit between the Plaintiff and the Defendant is filed on the date when the Defendant was served with the written withdrawal of the lawsuit.