선거관리규정 무효확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The following facts are apparent in records:
On July 30, 2013, the Plaintiff filed a lawsuit seeking confirmation of invalidity against Btel management bodies, as a sectional owner and occupant of Btel, on the ground that Btel management regulations were not enacted through legitimate procedures, Seoul Central District Court 2013 Gohap534730.
B. The Plaintiff submitted an application for presumption of date to the court of first instance on October 31, 2013, January 7, 2014, and April 28, 2014, to the court of first instance. The court of first instance accepted the Plaintiff’s application and changed the date, and then designated the date for first instance as May 15, 2014, and served a notice of the date for first instance pleading on May 1, 2014 to the Plaintiff. The Plaintiff was absent on May 15, 2014, the date for first instance of the instant case, and the Defendant’s attorney did not present at the court.
C. On May 17, 2014, the Plaintiff was served with the notice of the second date for pleading on May 17, 2014, but was absent on May 29, 2014, which was the second date for pleading, and the Defendant’s attorney did not appear in the court.
After that, the Plaintiff submitted an application for designating the date on August 18, 2014. On September 22, 2014, the said court rendered a declaration of termination of litigation on October 16, 2014 that the instant lawsuit was concluded as deemed the withdrawal of litigation, by amending the third date for pleading on September 22, 2014.
2. The plaintiff's assertion and judgment
A. Although the Plaintiff’s assertion was detained and the right to pleading was restricted, the court of first instance proceeded with the date without notifying the Plaintiff of his/her refusal to grant permission, and arranged a protocol with the absence of both parties. As long as the Plaintiff submitted an application for designation of the date on August 18, 2014 and the trial continued on September 22, 2014, it was unlawful for the court of first instance to deem the instant lawsuit to have been withdrawn retroactively from the date of July 1, 2014, and make a declaration of the termination of the lawsuit.
B. Determination 1.