공유물분할
1. The instant lawsuit was concluded on August 23, 2018 as the withdrawal of an appeal.
2. The Plaintiff’s litigation costs after the completion of the lawsuit.
1. On January 10, 2018, the Plaintiff filed the instant lawsuit against the Defendant and the appointed parties at the court of first instance. On August 21, 2018, the court of first instance rendered a judgment with respect to the Plaintiff. On August 22, 2018, the Plaintiff was served with the original copy of the judgment of first instance, and appealed to the court of first instance on the same day. On August 23, 2018, the Plaintiff submitted a written withdrawal of appeal to the same court, and on August 23, 2018, submitted a written withdrawal of appeal to the same court, and on August 24, 2018, it is evident that the same court again filed a petition of appeal to the same
2. Determination
A. It is obvious that the appeal is a unilateral procedural act by the appellant against the appellate court, which concludes the continuation of the lawsuit by the appellate court, after withdrawing a group of appeal filed by the withdrawal of appeal, and unless there are any special provisions or special circumstances, the provisions concerning legal acts under the Civil Procedure Act shall not apply to the procedural acts
As such, it shall be interpreted that the invalidation or revocation cannot be asserted on the ground of defects in declaration of intention, such as fraud, coercion or mistake, and the effect of the appeal shall retroactively extinguish if the withdrawal of an appeal is submitted to the appellate court. This is the unilateral act of the appellant, and thus, it does not require the consent of the other party, but the delivery of the written withdrawal of appeal to the other party by applying Article 239(4) of the Civil Procedure Act mutatis mutandis to Article 363(2) of the same Act cannot be deemed as a provision concerning the requirements or validity of the withdrawal of appeal, on the ground that the other party is notified of the withdrawal
(See Supreme Court Decision 80Da76 delivered on August 26, 1980, etc.). B.
Examining the instant case based on the facts of recognition and legal principles as seen earlier, inasmuch as the Plaintiff submitted a written withdrawal of appeal to the court of first instance on August 23, 2018, it is reasonable to deem that the effect of the appeal becomes retroactively extinguished as the withdrawal has become effective, and the Plaintiff has not served the Defendant with the written withdrawal of appeal, or has re-appealed prior to the service thereof.