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(영문) 서울동부지방법원 2015.09.04 2014나1838

건물명도

Text

1. The instant lawsuit was concluded on April 28, 2015 as the withdrawal of the Defendant’s appeal.

2. After filing an application for designation of the date.

Reasons

Even when the Defendant was served a notice of the third date for pleading on March 5, 2015, but was absent on the third date for pleading on March 6, 2015, and the Plaintiff’s agent did not appear and present at the hearing on March 19, 2015, and the Defendant did not appear on March 27, 2015, which is the fourth date for pleading, even after being served with the notice of the date for pleading following March 19, 2015, and the Plaintiff and the Plaintiff’s agent was absent. The Defendant did not apply for the designation of date within one month from the fourth date for pleading and filed an application with this court on June 29, 2015.

According to the above facts, the lawsuit in this case is deemed to have been terminated on April 28, 2015 after one month from the date following the fourth date for pleading pursuant to Article 268(4) and (2) of the Civil Procedure Act. Thus, the defendant's withdrawal of appeal in this case shall be deemed to have been terminated on April 28, 2015, and it is so decided as per Disposition.