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(영문) 수원지방법원 2020.04.23 2019가단530458
소유권이전등기말소 등
Text

1. The instant lawsuit was concluded on March 21, 2020 as the withdrawal of the lawsuit.

2. The Plaintiff’s litigation costs after the completion of the lawsuit.

Reasons

1. The following facts are acknowledged according to the records of the process of withdrawal of the lawsuit.

A. On June 5, 2019, the Plaintiff filed the instant lawsuit against the Defendants.

B. On March 5, 2020, the Plaintiff submitted a written withdrawal of the lawsuit, and on March 18, 2020, asserted that he/she raised an objection against the withdrawal on the grounds of deception or non-performance of the conditions, and submitted an objection against the continuation of the lawsuit. D. The Plaintiff filed an objection against the withdrawal of the lawsuit.

The Defendants served on March 6, 2020 a written withdrawal of the lawsuit and did not raise any objection within two weeks.

2. Determination

A. An act of litigation under the Civil Procedure Act, which is an act of litigation under the Civil Act, and the provisions on a juristic act under the Civil Act cannot be applied to the act of litigation, barring any special provision or circumstance. Thus, the withdrawal of a lawsuit shall not attach any condition to the withdrawal of the lawsuit, and may not claim the withdrawal of the lawsuit or the revocation

(See Supreme Court Decisions 80Da76 delivered on August 26, 1980, 97Da6124 delivered on June 27, 1997, etc.). In addition, inasmuch as a lawful withdrawal of a lawsuit was submitted, the Plaintiff may not withdraw it at will without asking the other party before or after the service of the document.

(Supreme Court Decision 97Da6124 delivered on June 27, 1997). B.

Therefore, the Plaintiff’s filing of the suit is valid, and it is deemed that the Defendants did not file an objection within two weeks from the date of receipt of the suit and agreed to the withdrawal of the suit. Thus, the lawsuit of this case terminated on March 21, 2020.

3. As such, even though the lawsuit in this case was terminated as the withdrawal of the lawsuit in this case, since the plaintiff asserted its validity and applied for the designation of date, it is so decided as per Disposition by the declaration of termination of the lawsuit.

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