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(영문) 대구지방법원 2018.07.25 2016가단4348
이전등기말소
Text

1. The instant lawsuit was concluded on October 25, 2016 as the withdrawal of the lawsuit.

2. The costs of lawsuit incurred after the completion of the lawsuit are the Plaintiff.

Reasons

Article 266(2) and (6) of the Civil Procedure Act shall be deemed to have consented to the withdrawal of a lawsuit, where the other party to a lawsuit has failed to file an objection within two weeks from the date on which a written withdrawal of the lawsuit has been served, with the consent of the other party, after the other party has submitted a preparatory document on the merits of the lawsuit or made any statement or pleading at the date for preparatory pleadings (Article 266(2) and (6) of the Civil Procedure Act). In cases where

(see Supreme Court Decision 2010Da103048, Apr. 28, 2011). After the Defendant’s pleading, the Plaintiff submitted the written withdrawal of the lawsuit on October 25, 2016, and the said written withdrawal was served to the Defendant on October 27, 2016, and the fact that the Defendant did not raise any objection thereto is apparent in the record.

(1) The Defendant accompanied the Plaintiff and submitted the written withdrawal of the lawsuit, and the Plaintiff does not understand the meaning of the written withdrawal of the lawsuit at all due to the age of 79 years, and the written reply to the effect that the withdrawal of the lawsuit is null and void because it does not sign and seal the written withdrawal of the lawsuit, which was submitted in the name of the Plaintiff on October 27, 2016, but no evidence exists to acknowledge the said assertion. Therefore, the instant lawsuit was concluded on October 25, 2016, and thus, the Plaintiff’s declaration of the termination of the lawsuit is rendered. It is so decided as per Disposition.

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