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(영문) 서울중앙지방법원 2016.09.20 2016나16060
월회비
Text

1. The instant case was terminated on August 23, 2016 as the Plaintiff’s withdrawal of appeal.

2. After the completion of the instant lawsuit.

Reasons

According to the records, the Plaintiff’s original judgment of the first instance court rendered on January 13, 2016 was served on January 20, 2016 and filed an appeal on January 26, 2016; the court of the first instance sent a notice of the date for preparatory pleading to the Plaintiff on May 27, 2016 and served on June 1, 2016; the Plaintiff was not present at the date for preparatory pleading of the first instance court held on July 14:30, 2016; the court of the first instance sent the second notice to the Plaintiff on July 5, 2016 and served on July 8, 2016; the Plaintiff did not appear on the date for preparatory pleading of the second instance court held on July 15, 2016; and the Plaintiff did not appear on the date for preparatory pleading of the second instance court held on July 22, 2016; and the Plaintiff did not appear on the date for preparatory pleading of the second instance.

According to the above facts, the lawsuit of this case is deemed to have been concluded on August 23, 2016, where the plaintiff did not attend the date for preparatory pleading and failed to file an application for designation of the date within one month thereafter, due to the failure of the plaintiff to file an application for designation of the date for preparatory pleading under Articles 286 and 268(4) and (2) of the Civil Procedure Act, and the plaintiff's appeal was deemed to have been withdrawn on August 23, 2016.

If so, it is so decided as per Disposition by the declaration of termination of the lawsuit in this case.

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