건물 시설물철거 및 토지인도
1. The instant lawsuit was concluded on April 13, 2018 by the Defendant (Counterclaim Plaintiff)’s withdrawal of the appeal.
2. After the completion of the lawsuit.
1. Determination on the validity of the withdrawal of an appeal
A. According to the records of recognition, the following facts are recognized.
1) On November 16, 2016, the first instance court rendered a judgment dismissing the claim for payment of money and the claim for counterclaim on November 22, 2016 (hereinafter referred to as “the Defendant filed an appeal only with the Defendant on November 22, 2016, on the following grounds: (a) the portion of the claim for delivery and removal in the main lawsuit connected to the Plaintiffs (hereinafter referred to as “the Defendant”) of the size of 3 square meters connected with each point of 2, 3, 6, 7, 7, 8, and 2; and (b) the portion of the attached drawings connecting each point of 5, 6, 7, 8, and 5 square meters in the attached drawings; and (c) the Defendant only filed an appeal against the said judgment on November 22, 2016.
3) On February 27, 2018, the Plaintiff extended the part of the claim for delivery and removal among the claims, and submitted an application for modification of the purport of the incidental appeal to the effect that the part of the claim for monetary payment is withdrawn. 4) The Defendant withdrawn the instant appeal on April 13, 2018.
B. The appellate court’s final judgment may be withdrawn before the final judgment has been rendered at the appellate court, and the appellate court’s incidental appeal with respect to the withdrawn portion shall be deemed not to continue to exist from the beginning (Articles 393 and 267(1) of the Civil Procedure Act); and the incidental appeal with respect to the withdrawn portion shall lose its validity when the appeal is withdrawn or dismissed on account of its illegality and illegality (main sentence of Article 404 of the Civil Procedure Act). As long as the Defendant withdraws the appeal in this case, the appeal shall be deemed not to continue to exist from the beginning; thus, the Plaintiffs’ incidental
Therefore, the instant lawsuit was concluded as the withdrawal of the Defendant’s appeal.
2. In conclusion, the instant lawsuit is concluded on April 13, 2018 by the Defendant, and thus, it is so decided as per Disposition with the declaration of the termination of the lawsuit.