개발부담금부과처분취소
1. On June 1, 2017, the instant lawsuit was concluded as the withdrawal of the Plaintiff’s lawsuit.
2. The costs of the lawsuit after the completion of the lawsuit.
1. On January 25, 2017, the Plaintiff filed the instant lawsuit against the Defendant seeking revocation of the disposition imposing development charges stated in the purport of the claim, and on May 19, 2017, the Plaintiff submitted a written withdrawal of the instant lawsuit to this court (hereinafter referred to as “the withdrawal of the instant lawsuit”); and on May 22, 2017, the Defendant received the written consent of the withdrawal of the lawsuit at this court on June 1, 2017 after receiving the written consent of the said written withdrawal on May 22, 2017; and on June 1, 2017, the Plaintiff expressed his/her intent to revoke the withdrawal of the instant lawsuit to the court, and on the same day, expressed his/her intent to designate the date.
2. Determination on the termination of a lawsuit
A. The withdrawal of a lawsuit is an action against the plaintiff's court to extinguish the continuation of the lawsuit by withdrawing the lawsuit filed by the plaintiff, and the indication principle to ensure the clarity and safety of the litigation procedures in the unique nature of the litigation procedure should be achieved. Thus, in principle, the provisions on the legal act under the Civil Act are not applied, and once the withdrawal of the lawsuit becomes effective, in principle,
(see, e.g., Supreme Court Decisions 98Da22826, Dec. 8, 2000; 2012Da107914, Jul. 25, 2013). (B)
Examining the fact that the withdrawal of the lawsuit filed by the Plaintiff on May 19, 2017, as described in paragraph (1), is also the fact that the Plaintiff was written and submitted by the Plaintiff’s intent. Thus, the revocation of the withdrawal of the lawsuit in this case, which was made on June 1, 2017, cannot be recognized regardless of whether it was made before the Defendant consented to the withdrawal of the lawsuit in this case.
3. In conclusion, the instant lawsuit is deemed to have been terminated on June 1, 2017 with the Plaintiff’s submission of the written withdrawal of the lawsuit as of May 19, 2017 and the Defendant’s consent thereto, and thus, it is so decided as per Disposition by the declaration of termination of the lawsuit.