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(영문) 수원지방법원 성남지원 2018.07.20 2017가단22758
토지인도
Text

1. The instant lawsuit was concluded on May 8, 2018 as the withdrawal of the Plaintiff’s lawsuit.

2. After filing an application for designation of the date.

Reasons

this Court's outstanding facts

A. On December 19, 2017, the Plaintiff filed the instant lawsuit against the Defendant. On December 19, 2017, the Plaintiff stated the Plaintiff’s address as “D [Road Name Address: Hanam-si E].”

B. This court: (a) designated the “10:00 on March 23, 2018,” as the first date for pleading, and notified the Plaintiff of the date for pleading to his/her domicile as indicated in the Plaintiff’s complaint, but did not serve as a closed door, and thus, (b) sent a notice of the date for pleading to the Plaintiff’s domicile on February 8, 2018. (c) The Plaintiff was absent on the first date for pleading; (d) the Defendant was present, but did not present, but did not appear. (d) The court designated the “14:20 on April 6, 2018,” as the second date for pleading, and notified the Plaintiff of the date for pleading to the said domicile, but did not serve as a closed door. Therefore, this court sent the notice of date for pleading to the Plaintiff’s domicile on March 30

E. The plaintiff was absent on the second day for pleading, and the defendant did not appear, but did not state his opinion.

F. On May 9, 2018, after one month from the date of the second pleading, the Defendant submitted an application for designation of the date to this court.

Judgment

The Parties did not appear or appeared on the date of pleading.

Even if there is no pleading, the presiding judge shall re-determine the date for pleading and notify both parties thereof, and the two parties are not present or were present at the new date for pleading or the date for pleading held thereafter.

Even if there is no pleading, the lawsuit shall be deemed to have been withdrawn unless the person who is entitled to receive the service (the person to receive the service or supplementary service) files an application for the designation of the date within one month (Article 268(1) and (2) of the Civil Procedure Act). If there is no person who is entitled to receive the service (the person to receive the service or supplementary service) due to the closure of the place of service of the person to receive the service, not only the

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