logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.08.24 2016가단23240
부동산소유권이전등기절차이행
Text

1. The instant lawsuit was concluded on July 3, 201 as deemed the withdrawal of the lawsuit.

2. The costs of the lawsuit after the application for resumption of pleadings.

Reasons

Facts of recognition

The following facts are apparent in records or obvious to this court:

This Court designated the first date for pleading on April 20, 2017 as the first date for pleading, and the first date for pleading of this case was lawfully served on the Plaintiff’s representative on March 15, 2017, but the Plaintiff did not appear on the first date for pleading of this case. The Defendant’s attorney did not appear on the first date for pleading of this case.

B. The instant court designated the date for the second pleading on June 1, 2017 as the date for the second pleading. The notice on the date for the second pleading was lawfully served on the Plaintiff’s representative on April 24, 2017, but the Plaintiff did not appear on the date for the second pleading, and the Defendant’s attorney did not appear on the date for the second pleading.

C. On July 5, 2017, the Plaintiff submitted the “application for resumption of pleadings” to the effect that the Plaintiff applied for designation of the date for pleading of the instant case.

Whether the lawsuit of this case is terminated

(a) the Parties were not present or present at the date of pleading on two occasions;

Even if an application for designating a date is not filed within one month after the pleading is not made, or if both parties do not appear or present again on the date of pleading as determined by the application for designating the date, the lawsuit shall be deemed to have been withdrawn (Article 268 (1) through (3) of the Civil Procedure Act).

The Plaintiff did not appear on the date of pleading 1 and 2 of the instant case, and the Defendant’s attorney did not appear and present at the date of pleading 1 and 2 of the instant case, and the Plaintiff filed an application to designate a date on July 5, 2017, which was one month after the date of pleading 2 of the instant case, and the instant lawsuit was concluded on July 3, 2017, which was one month after June 1, 2017 (the day following July 2, 2017, which was the date of pleading 2017).

In conclusion, this case's lawsuit has already been concluded as the withdrawal of lawsuit, and thus the termination of lawsuit is declared.

arrow