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(영문) 수원지방법원 평택지원 2021.01.13 2019가합11670
소유권이전등기
Text

1. The instant lawsuit was concluded on December 18, 2020 by the withdrawal of the lawsuit.

2. The costs of lawsuit arising after the termination of the lawsuit are assessed against the Defendants.

Reasons

1. Article 266 (2) of the Civil Procedure Act provides that "the other party to a lawsuit shall have the effect of obtaining the consent of the other party if the other party to the lawsuit submits a preparatory document on the merits, or gives any statement or pleading at the preparatory date for pleading, and if the defendant only requests a judgment of rejection of the lawsuit in the course of submitting a defense prior to the merits, it cannot be deemed that he/she has responded to the merits, and the plaintiff may withdraw the lawsuit without the consent of the defendant, and even in cases where the defendant seeks to dismiss the lawsuit prior to the merits as a defense prior to the merits, and to demand a dismissal of the claim on the merits even if the defendant requested to dismiss the claim prior to the merits, the plaintiff may withdraw the lawsuit without the consent of the defendant.

[See Supreme Court Decisions 209Meu1861 Decided July 22, 2010, 2009Meu1878 decided October 11, 2002; 2002Da35775 decided April 23, 1968, etc.] 2. According to the records of this case, the defendants submitted a formal reply stating that the lawsuit of this case should be dismissed on August 21, 2019, and that the lawsuit of this case should be dismissed on January 16, 2020, and that the lawsuit of this case should be dismissed on the grounds that the lawsuit of this case goes against the res judicata effect of the final judgment, and that the plaintiff submitted the lawsuit of this case to the court without the substance of the clan, and that the plaintiff submitted the lawsuit of this case to each of the above court is dismissed.

In light of the above facts in light of the legal principles as seen earlier, insofar as the Defendants asserted a defense before the merits of the lawsuit of this case, even if the Defendants sought dismissal of the claim on the merits together with the defense before the merits of this case, the withdrawal of the lawsuit was effective immediately regardless of whether the Defendant consented.

(c).

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