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(영문) 수원지방법원 2017.02.14 2016가단518754
건물명도
Text

1. The instant lawsuit was concluded on December 23, 2016 as deemed withdrawal of the lawsuit.

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

Reasons

1. The fact that the Plaintiff and the Defendant did not appear on the first date for pleading held on October 25, 2016, when receiving a notice of the date for pleading, and this court determined the second date for pleading on November 22, 2016 and sent the notice of the date for pleading to the Plaintiff and the Defendant to the Defendant on November 22, 2016, but did not appear on the second date for pleading even after receiving the notice of the date for pleading, and the Plaintiff did not file an application for designating the date from November 22, 2016, when the second date for pleading was within one month from November 22, 2016, when the second date for pleading was within one month from December 22, 2016.

2. According to Article 268 of the Civil Procedure Act, even if both parties are not present at the date of pleading or are present at the court on the date of pleading, the presiding judge shall re-determine and notify the date of pleading, and if both parties are not present at the court on the date of pleading or are present at the court on the date of pleading, the lawsuit shall be deemed to have been withdrawn if they do not file

The instant lawsuit was concluded on December 23, 2016, when the Plaintiff failed to file an application for the designation of date from November 22, 2016 to December 22, 2016, when the date for the second pleading was no longer than one month from November 22, 2016, and was deemed to have been withdrawn.

3. In conclusion, the instant lawsuit was concluded as a withdrawal of the lawsuit on December 23, 2016, and thus, it is so decided as per Disposition by the declaration of termination of the lawsuit.

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