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(영문) 서울동부지방법원 2012.12.10 2012가단53896
유류분
Text

1. The instant lawsuit was concluded on November 12, 2012 as the withdrawal of the lawsuit.

2. The costs of litigation incurred after the request for designation of date.

Reasons

On September 20, 2012, the fact that the Plaintiff filed the instant lawsuit on September 20, 201 and withdrawn it with the consent of the attorney of the Defendants on November 12, 2012 is apparent in the record.

In this regard, the plaintiff asserts that the withdrawal of the lawsuit of this case was made by mistake and thus withdrawn or revoked.

The judgment-convenor, the withdrawal of the lawsuit filed by the plaintiff and the continuation of the lawsuit against the plaintiff's court, and the provisions concerning legal acts under the Civil Act do not apply to the litigation acts under the Civil Procedure Act (see, e.g., Supreme Court Decision 2003Da46758, Jul. 9, 2004), barring any special provision or special circumstance (see, e.g., Supreme Court Decision 2003Da46758, Jul.

Thus, the lawsuit of this case has been lawfully terminated due to the above withdrawal of the lawsuit, and thus the termination of the lawsuit is declared by judgment pursuant to Article 67(3) of the Rules of Civil Procedure.

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