2. After the completion of the proceeding.

(a) Fact-finding is clear that the facts below are recorded;

1) After the Defendant was sentenced to the judgment of the first instance on October 21, 2015, the Defendant submitted a petition of appeal to the court of first instance on October 25, 2015, which is within the filing period. 2) The Defendant submitted a written withdrawal of appeal to the court of first instance on November 11, 2015, which is following the expiration of the filing period. On November 12, 2015, the Defendant submitted a written withdrawal of appeal to the court. On November 11, 2015, the Defendant submitted a written withdrawal of appeal by asserting that the written withdrawal of appeal as of November 11, 2015 was due to mistake, and submitted a written withdrawal of appeal on November 13, 2015.

B. The Defendant asserts that the withdrawal of an appeal from November 11, 2015 is due to mistake, and that the withdrawal of an appeal is revoked or withdrawn.

However, it is clear that the appeal which has been withdrawn is a unilateral litigation by the appellant who has filed an appeal to terminate the proceedings of the appellate court. Thus, the provisions concerning legal acts under the Civil Procedure Act cannot be applied to the litigation acts under the Civil Procedure Act, unless there are any special provisions or special circumstances. Therefore, the revocation or withdrawal cannot be asserted on the grounds of defects in the declaration of intention,

(See Supreme Court Decision 2004Da42968 Decided November 12, 2004, etc.). Therefore, even if the Defendant submitted a written withdrawal of appeal as of November 11, 2015 by mistake, the withdrawal of appeal cannot be revoked or withdrawn. Thus, the Defendant’s assertion is without merit.

2. In conclusion, the instant lawsuit was concluded on November 11, 2015 by the Defendant’s withdrawal of appeal, and thus, it is so decided as per Disposition with the declaration of termination of lawsuit.