제3자이의
1. The instant case was terminated on March 20, 2015 by the Plaintiff’s withdrawal of appeal.
2. The costs of the lawsuit after the request for setting the date.
1. The following facts are apparent in the records:
On November 11, 2013, the Plaintiff filed a lawsuit against the Defendant seeking a judgment, such as the entries in the purport of the claim, and filed an appeal against the judgment of the first instance court on June 30, 2014.
B. On March 20, 2015, the Plaintiff made a statement of withdrawal of an appeal orally on the date for pleading of the trial. A copy of the protocol on the date on which the withdrawal of appeal was stated was sent to the Defendant on March 23, 2015, and was served on March 25, 2015.
C. On the other hand, on March 24, 2015, the Plaintiff submitted a written statement to the effect that, on March 20, 2015, the Plaintiff asserted the revocation of the withdrawal of an appeal made verbally at the date of pleading, and filed an application for designation of the date.
2. Determination
(a) The appeal may be withdrawn before a final judgment has been rendered by the appellate court (Article 393(1) of the Civil Procedure Act); the provisions of Articles 266(3) through (5) and 267(1) shall apply mutatis mutandis to the withdrawal of the appeal (Article 266(1) of the Civil Procedure Act); and the withdrawal of the appeal shall be made in writing, but it may be made at the date for preparatory pleading or at the end of pleading.
(Article 266(3) of the same Act is clear that it is a unilateral procedural act of an appellant against an appellate court, which withdraws a group of appeal filed by which an appeal is withdrawn and terminates the continuation of an appellate court's lawsuit. Thus, the provisions concerning legal acts under the Civil Procedure Act shall not apply to procedural acts under the Civil Procedure Act, unless there are special provisions or special circumstances.
As such, the invalidity or revocation cannot be asserted on the ground of the defect in declaration of intention such as fraud, coercion or mistake.
(See Supreme Court Decision 80Da76 delivered on August 26, 1980). B.
According to the above facts, as long as the Plaintiff has withdrawn an appeal at the date of pleading on March 20, 2015, the Plaintiff cannot arbitrarily revoke or withdraw the appeal as lawful. The instant lawsuit was concluded upon the occurrence of the effect of withdrawal of appeal on March 20, 2015.