건축허가취소
1. The instant lawsuit was concluded on November 11, 201 by the withdrawal of the lawsuit.
2. The costs of the lawsuit after the withdrawal of the said lawsuit are included.
1. Review of the record of recognition reveals the following facts.
On September 11, 2014, the plaintiffs filed the lawsuit in this case with the purport of seeking revocation of the disposition against the defendant joining the defendant on October 25, 2013, asserting that the disposition of building permit rendered against the defendant joining the defendant was unlawful, and the defendant filed the lawsuit in this case on October 29, 2014 following the delivery of the duplicate of the complaint, and the defendant filed a defense of safety that the lawsuit in this case should be dismissed as it was filed by the non-standing party, and thus, should be dismissed as it is illegal, and the above disposition of building permit was lawful, and the plaintiff submitted a written response containing the purport of the response to the merits that the plaintiffs dismissed the plaintiffs' claim, and the plaintiffs submitted a written withdrawal of the lawsuit to the court on November 11, 2014, the first date for pleading, and the defendant submitted a written withdrawal of the lawsuit to the court on November 14, 2014.
2. A lawsuit may be withdrawn in whole or in part until a judgment becomes final and conclusive. Since the other party to the lawsuit has the validity of obtaining consent of the other party, since the other party to the lawsuit has either submitted a preparatory document regarding the merits, or made a statement or made a pleading at the preparatory date for pleading (Article 8(2) of the Administrative Litigation Act, Article 266(1) and (2) of the Civil Procedure Act, and in other cases, even without consent of the other party, such lawsuit shall be withdrawn.
On the other hand, in case where the defendant seeks a judgment dismissing the plaintiff's claim on the merits as well as the main safety defense under retirement, it is reasonable to view that the main safety defense under retirement was mainly sought and that the plaintiff sought a dismissal of the plaintiff's claim was sought in preparation for the case where there is no ground for the main safety defense. Thus, even if the defendant sought a judgment on the merits of dismissal of claim in the preliminary case, the plaintiff may withdraw the lawsuit without the consent
[Plaintiff, Appellant] 68Da217, 68Da218 (Counterclaim.) decided April 23, 1968