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전주지방법원 2019.03.20 2017가단4135
공유물분할
Text

1. The instant lawsuit was concluded on August 8, 2018 by the Plaintiff’s withdrawal of the lawsuit.

2. The costs of the lawsuit after the request for setting the date.

Reasons

1. Determination as to the withdrawal of the Plaintiff’s lawsuit and the subsequent application for designating the date

A. In the instant case where the Plaintiff filed a claim against the Defendants for the partition of the jointly owned property, as disclosed in the purport of the claim, the withdrawal of the suit was directly submitted to this court on August 8, 2018, and the submission of a statement on the grounds for cancellation of withdrawal, which came from the attachment to this court on August 13, 2018 (hereinafter “instant objection”), is apparent in the record.

B. We examine the objection of this case by asserting that the withdrawal of this case is automatically null and void, and the plaintiff's objection of this case is subject to the grounds for filing the objection of this case, and even if the plaintiff's objection of this case is subject to the grounds for filing the objection of this case, the provisions concerning the legal act under the Civil Procedure Act are not applicable to litigation acts under the Civil Procedure Act, unless there are special provisions or special circumstances, and it is not possible to assert its invalidation or revocation on the grounds of defects of expression of intent, such as deception or mistake (see, e.g., Supreme Court Decisions 80Da76, Aug. 26, 1980; 76Da1829, Dec. 11, 1979); and therefore, the objection of this case filed by the plaintiff cannot be accepted.

2. Accordingly, inasmuch as the instant lawsuit had already been duly terminated due to the Plaintiff’s withdrawal of the suit from August 8, 2018, the court declares the termination of the instant lawsuit by judgment.

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