손해배상 등
1. The defendant's appeal is all dismissed.
2. All applications filed by the Defendant for the return of provisional payments are dismissed.
3. Costs of appeal.
1. Determination as to the validity of the withdrawal statement in the Plaintiff C’s name
A. The Defendant asserts that the Plaintiff C voluntarily withdrawn the lawsuit on September 11, 2018, and the Defendant consented to the withdrawal of the Plaintiff C’s lawsuit, and that the Plaintiff C’s lawsuit was terminated by the withdrawal of the lawsuit.
B. Facts below the facts are either acknowledged by Gap evidence 25 and the examination of the plaintiff C by the appellate court as a whole or by records.
1) On March 25, 2016, the Plaintiffs filed the instant lawsuit with the Seoul Central District Court and was sentenced to partial winning judgment by the Seoul Central District Court on August 17, 2018. (2) The Plaintiffs, including Plaintiff C, filed an application for a compulsory auction on the Defendant’s real estate based on the judgment of the first instance court and received the order to commence compulsory auction on August 30, 2018.
3) On August 24, 2018, the Defendant’s attorney submitted a petition of appeal against the judgment of the first instance to the Seoul Central District Court. On October 8, 2018, the duplicate of the petition of appeal was served on the Plaintiff C. On September 11, 2018, the Defendant moved to the Seoul Central District Court along with the Plaintiff C to the Gyeonggi-do where the Plaintiff C was located in Daejeon on September 11, 2018. On that day, the written withdrawal of the lawsuit filed in the name of the Plaintiff C (hereinafter “written withdrawal of the lawsuit in this case”).
5) On September 13, 2018, Plaintiff C’s legal representative submitted to the Seoul Central District Court a written withdrawal of the instant lawsuit to the effect that the withdrawal of the instant lawsuit was a document submitted against Plaintiff C’s will. On September 14, 2018, the Defendant’s legal representative submitted to the Seoul Central District Court the written withdrawal of the lawsuit to consent to the instant written withdrawal of the lawsuit. 6) At the time of the submission of the written withdrawal of the instant lawsuit, Plaintiff C suffered from Maul, Allle and Almats old-type dementia.
Plaintiff
C’s old dementia was diagnosed after March 25, 2016, which filed the instant lawsuit.
(A) No. 25). C.
Judgment
1. First, the instant case.