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(영문) 서울중앙지방법원 2020.05.14 2019가합576941
매매대금
Text

1. The withdrawal of the instant case was terminated on March 6, 2020.

2. The plaintiff shall bear the costs of lawsuit after filing an application for designating the date.

Reasons

1. The Plaintiff filed the instant lawsuit against the Defendant and C on October 31, 2019, and on February 18, 2020, submitted the written withdrawal of the instant lawsuit (the Plaintiff’s legal representative was submitted in the name of the Plaintiff. On the same day, the Plaintiff’s written withdrawal of the lawsuit submitted in the name of the Plaintiff) to the court on February 18, 2020; the Defendant did not raise an objection within two weeks after being served with the duplicate of the said written withdrawal of the lawsuit on February 20, 2020; the Plaintiff submitted the written withdrawal of the lawsuit to the Defendant on March 6, 2020, stating that “the withdrawal of the lawsuit against the Defendant is to be revoked; and the fact that the Plaintiff filed an application for designation of the date on March 9, 2020 is clear.

2. Determination as to the termination of the instant case

A. The withdrawal of a lawsuit is the litigation against the plaintiff's court that extinguishs the continuation of the lawsuit by withdrawing the lawsuit filed by the plaintiff, and the litigation is bound to determine whether the lawsuit has its validity on the basis of its expression rather than the intention of the court in general civil law. Once the withdrawal of the lawsuit takes effect, in principle, it is not allowed after the withdrawal of the lawsuit. However, as in the case of the litigation in general, it may be cancelled or withdrawn exceptionally only when there is a defect falling under the grounds for a retrial under Article 451 (1) 5 of the Civil Procedure Act (when a confession was made, or it was obstructed by submitting the means of offence or defense that may affect the judgment) in the withdrawal of the lawsuit.

(See Supreme Court Decision 2002Da5491 delivered on April 25, 2003, etc.). B.

In light of the above legal principles, it is deemed that the defendant did not raise an objection within two weeks from the date of receiving the duplicate of the lawsuit and agreed to the withdrawal of the lawsuit, and the effect of the withdrawal of the lawsuit occurred on March 6, 2020, and there is any defect that constitutes the grounds for retrial as above in the withdrawal of the lawsuit, there is no ground for proof by the plaintiff.

Therefore, the plaintiff was dated February 18, 2020.

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