1. Revocation of a judgment of the first instance;

2. The lawsuit of this case (including the part extended by this court) shall be dismissed.

3...

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's main defense

A. The plaintiff and the defendant agreed to withdraw the lawsuit of this case in a pending lawsuit in another court. The plaintiff's lawsuit of this case is unlawful because there is no benefit of protection of rights.

B. If a protocol of compromise was prepared to withdraw a lawsuit pending before the court in a judicial compromise, an agreement was reached between the parties to withdraw the other lawsuit pending before the court.

Therefore, as long as a written withdrawal is not submitted to the court in which other lawsuit is pending, the withdrawal of the lawsuit is not concluded, however, barring special circumstances, such as cancellation or alteration by the lawsuit for retrial, the lawsuit shall be dismissed as there is no benefit of protecting the rights of the plaintiff in the lawsuit, unless there are special circumstances

(1) In light of the above legal principles, the Defendant and the designated parties filed a lawsuit against the Plaintiff seeking the return of the construction cost under the Daegu District Court 2018Gahap203894, which is the appellate court of the said lawsuit, and on October 1, 2019, the Defendant and the appointed parties renounced the claim for the instant case under the Daegu High Court 2018Na25916, which is the appellate court of the said lawsuit, and on October 1, 2019, the fact that “the Defendant and the appointed parties waive the claim for the instant case under the Daegu High Court 2018Na25916, which is the appellate court of the said lawsuit, and the Plaintiff withdraw the instant lawsuit, and the Defendant and the designated parties agree thereto.”

According to the above facts of recognition, the plaintiff and the defendant agreed to withdraw the lawsuit of this case. Thus, the plaintiff's lawsuit of this case has no benefit of protection of rights.

With regard to this, the plaintiff is inevitable to do so against his spouse.