소유권이전등기절차이행
1. The instant lawsuit was concluded upon the withdrawal of the lawsuit on February 13, 2018.
2. The costs of the lawsuit incurred after the completion of the lawsuit are individually considered.
On November 24, 2017, the Defendant sought a ruling dismissing a lawsuit on the ground that the instant lawsuit for review was unlawful on the ground that it violated the peremptory term, and subsequently submitted a written reply in which the defense on the merits was also stated, and the Plaintiff submitted the written withdrawal of the instant lawsuit to this court on February 13, 2018, and the fact that the Defendant submitted written consent to the withdrawal of the lawsuit on February 27, 2018 is apparent in each of the records.
If the defendant seeks a judgment that the plaintiff's claim is dismissed as to the merits as well as the main defense that the plaintiff's claim is dismissed, it is reasonable to regard the main defense of the lawsuit that the plaintiff's lawsuit is illegal as the main claim and that the plaintiff's claim is dismissed as the conjunctive claim against the plaintiff when the main defense is not reasonable. In this case, the plaintiff sought a judgment on the main claim of the dismissal of the plaintiff'
Even if there is no effect of withdrawal of a lawsuit without the consent of the other party, Article 266(2) of the Civil Procedure Act shall not be deemed to be the case.
(see, e.g., Supreme Court Decisions 2009Meu1861, 1878, Jul. 22, 2010; 68Da217, 68Da218, Apr. 23, 1968). Therefore, in this case, the Plaintiff may withdraw a lawsuit regardless of the Defendant’s consent. As such, the Plaintiff submitted a written withdrawal of lawsuit to the court on February 13, 2018, and the instant lawsuit was terminated on the same day.
Nevertheless, it is reasonable to make a declaration of the completion of the lawsuit in this case, because the court has neglected the completion of the lawsuit and has proceeded with the trial.