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(영문) 의정부지방법원 2015.02.10 2013구합3653

토지보상금증액

Text

1. The instant lawsuit was concluded by the withdrawal of the suit from June 3, 2014.

2. The costs of the lawsuit after the completion of the lawsuit.

Reasons

Around December 3, 2013, the Plaintiff delegated a legal representation of the instant case to B and C attorneys. The legal representative submitted the instant complaint on December 23, 2013, and the Plaintiff’s delegation of all procedural acts, including the withdrawal of a lawsuit, to B and C attorneys on the printed delegation letter attached to the written complaint. On June 3, 2014, B attorneys, the Plaintiff’s legal representative, stated that the Plaintiff’s legal representative withdraws the instant lawsuit to the court at the seat of the Government Legal Service, the Defendant’s legal representative, at the first date for pleading, and on the same day, submitted the written withdrawal of the lawsuit to this court. The Defendant submitted the said written withdrawal of the lawsuit to the court on the same day, and on June 3, 2014, or on June 10, 2014, it is apparent that the Plaintiff did not raise any objection within two weeks from the said written withdrawal of the lawsuit. Thus, barring any special circumstance, the Plaintiff’s withdrawal of the lawsuit is terminated by the Plaintiff’s legal representative of the instant case.

As to this, the plaintiff asserts to the effect that there is no special authorization as to withdrawal of a lawsuit by B, which is not effective by the above plaintiff. However, since the party's procedural acts cannot be determined on the basis of its expression rather than that of the court's intention unlike the general judicial acts, the withdrawal of the lawsuit in this case cannot be deemed null and void even if it is against the plaintiff's internal intent (see, e.g., Supreme Court Decisions 80Da3251, Apr. 12, 1983; 84Nu4, Feb. 28, 1984; 2001Du9806, Apr. 12, 2002); 3, and 4; and the whole purport of arguments as a result of the plaintiff's personal examination, the plaintiff entrusted the attorney's authority to make a suit in the name of the plaintiff, and thus, it is true that the plaintiff delegated the attorney's authority to make a delegation of lawsuit in the plaintiff's name to B.