공유수면점ㆍ사용허가처분 취소
1. The instant lawsuit was concluded on May 24, 201 as deeming the withdrawal of the Plaintiff’s appeal.
2. After filing an application for designation of the date.
Facts of recognition
The following facts are significant or apparent in the record of this Court:
① The Plaintiff filed an appeal with this court against the judgment of the first instance.
② Although the Plaintiff received the notice of due date from this court, on April 12, 2017, the Plaintiff was absent on the date of first pleading on April 12, 2017 and the date of second pleading on April 19, 2017, and the Defendant did not present at each of the above dates of pleading after being present.
③ On May 16, 2017, the Plaintiff filed an application with this court for designating a date, and was absent on the third day of pleading as of May 24, 2017, which was determined accordingly, and the Defendant did not appear at the court on the said date of pleading after being present.
④ On June 5, 2017, the Plaintiff filed a petition for final appeal with this Court.
Judgment
According to Article 268 of the Civil Procedure Act, both parties, while pending the appellate trial, failed to attend or attended two times on the date of pleading.
Even if there is no pleading, an application for designation of the date shall be filed within one month, and both parties are not present or were present at the date of pleading specified by the application for designation of the date, or the subsequent date of pleading.
Even if the appeal has not been made, it shall be deemed to have been withdrawn.
In this case, the Plaintiff, who was the appellant, was absent twice on the date of pleading, and filed an application for designating the date within one month from the second date of pleading, but did not appear on the third date of pleading thereafter. Thus, the instant lawsuit was concluded on May 24, 2017, which was the third date of pleading.
In conclusion, the instant lawsuit was concluded as the withdrawal of the Plaintiff’s appeal.
In other words, the plaintiff is dissatisfied with the application for the designation of the date, so the declaration of termination of the lawsuit will be made.