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1. The instant lawsuit was concluded on November 30, 2016 as deemed to have been withdrawn from the appeal.
2. Application for the designation of the date of November 30, 2016.
Reasons
1. Progress of the litigation in the case of this case (principal case of this case);
A. Prior to the appellate court’s ruling on June 16, 2015 (the first instance court’s ruling on June 16, 2015 (the Defendant’s proceeding of pleadings and delivery of the authentic copy of the judgment by public notice) 2) December 1, 2015
B. On September 21, 2016, the appellate court’s third date for pleading (the first date for pleading of the Plaintiff), Defendant Non-Appearance (the second date for pleading of the Plaintiff is not present) (the second date for pleading of the Plaintiff) on October 19, 2016 (the second date for pleading of the Plaintiff), Defendant Non-Appearance (the second date for pleading of the Plaintiff is not present) (the second date for pleading of the Plaintiff) on November 17, 2016), and Defendant Non-Appearance (the third date for pleading of the Plaintiff is not present) of the Defendant on November 30, 2016 (the third date for pleading of the Plaintiff) (the third date
2. The defendant's request for the second fixed date designation and judgment
A. On November 30, 2016, the Defendant filed an application for designation of date with the appellate court on November 30, 2016, which was the date immediately after the third date for pleading (the date immediately after the third date for pleading) and submitted a document seeking the continuation of the appellate court procedure as the withdrawal of an appeal is illegal and unfair (Article 1(b)(4) of the 3rd date for pleading of the 3rd date for pleading of the 3rd date for pleading of the appeal (Article 1(1) of the 3rd date for pleading of the 3rd date for pleading of the 4th date for pleading of the 3rd date for pleading of the 5th date for pleading of the 2008 Supreme Court Order, etc.). The Defendant filed an application for change of date on November 29, 2016, which is the date immediately before the third date for pleading of the
2) The instant case related to the appeal (Seoul High Court 2016Ra402) has not been terminated, and the Defendant is also dissatisfied with the order of rejection of the counterclaim submitted in the instant appellate procedure. (B) Determination 1) The presiding judge, etc. in charge of the application for change of the date and the application for conciliation shall not permit the change of the date unless there are special circumstances except in accordance with Article 165(2) of the Civil Procedure Act (where the first date for pleading or the first date for pleading is changed, if the parties agree, it shall be permitted.). However, the grounds under Article 41(1) of the Civil Procedure Rule asserted by the Defendant constitute special circumstances stipulated in the said Rule.