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(영문) 서울북부지방법원 2018.08.23 2016가단43558

토지사용료

Text

1. The instant lawsuit was concluded on May 31, 2018 as the withdrawal of the lawsuit.

2. The Plaintiff’s litigation costs after the completion of the lawsuit.

Reasons

According to Article 268(1) through (3) of the Civil Procedure Act, if both parties fail to appear or present at the meeting on two occasions, a request for designation of date shall be made within one month, and if a request for designation of date is not made within one month, the lawsuit shall be deemed to have been withdrawn. ② If both parties fail to appear or present at the hearing on the date specified in the above request for designation of date, the lawsuit shall also be deemed to have been withdrawn.

The plaintiff was absent on the third date for pleading opened on May 23, 2017, and on the fourth date for pleading opened on June 2017, 2017, when the plaintiff was notified of the date for pleading on May 23, 2017 by this court, and on the fourth date for pleading opened on June 20, 2017, but filed an application for designation of the date for pleading on June 28, 2017. After being notified of the date for pleading by this court, the plaintiff was absent on the tenth date for pleading opened on May 14:10, 2018, and the fact that the defendant was present on each of the above date for pleading but did not present on the date for pleading is obvious in records.

Therefore, the instant lawsuit was concluded as of May 31, 2018 due to the Plaintiff’s three absences.

Therefore, the plaintiff applied for the resumption of argument to the effect that the withdrawal of the lawsuit is deemed effective on June 15, 2018 and on June 29, 2018, and thus, it is so decided as per Disposition by the declaration of termination of the lawsuit.