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(영문) 서울중앙지방법원 2020.07.23 2019가단56105
배당이의의 소
Text

1. The instant lawsuit was concluded on May 21, 2020 as deemed the withdrawal of the lawsuit.

2. The costs of the lawsuit after the completion of the lawsuit.

Reasons

Article 158 of the Civil Execution Act provides that “When a person who has raised an objection fails to appear on the first date for pleading of an objection against distribution, the said person shall be deemed to have withdrawn the lawsuit.”

After the Plaintiff filed a lawsuit of demurrer against the Defendant against the instant objection, the fact that the Plaintiff did not appear on the first date of pleading opened on May 21, 2020, even after being notified of lawful date, is apparent in the record. Thus, the instant lawsuit was concluded as a withdrawal of the lawsuit on May 21, 2020.

Nevertheless, since the plaintiff is unclear by submitting an application for designation, etc., the plaintiff declares the termination of the lawsuit in order to clarify the termination of the lawsuit in this case. It is so decided as per Disposition.

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