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(영문) 서울동부지방법원 2020.10.13 2020가단4219

배당이의

Text

The instant lawsuit was concluded on July 7, 2020 as the withdrawal of the lawsuit.

The plaintiff's litigation costs after the termination of the lawsuit.

Reasons

Article 158 of the Civil Execution Act provides, “When a person who has raised an objection fails to appear on the first date for pleading of a lawsuit of demurrer against distribution, the withdrawal of a lawsuit shall be deemed to have been withdrawn.” Since the principle of withdrawal of a lawsuit naturally comes into force, the validity of the deeming that the court has designated a continuation date shall not be extinguished even if

The facts that the Plaintiff did not appear on the first date of pleading in July 7, 2020, which was held on July 13:20, 2020, after the Plaintiff filed a lawsuit of demurrer against the Defendant against the distribution, are apparent in the record. Thus, the lawsuit of this case was terminated on July 7, 2020 as the withdrawal of the lawsuit.

Therefore, in order to clarify the termination of the lawsuit in this case, it is so decided as per Disposition by the declaration of the termination of the lawsuit.