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(영문) 대구고등법원 2020.10.23 2019누5251
난민불인정처분취소
Text

The instant lawsuit was concluded on July 21, 2020 as deemed the withdrawal of an appeal.

On August 18, 2020, after the date of the application.

Reasons

1. The following facts shall be apparent or obvious to the court in fact of recognition:

On November 13, 2019, the Plaintiff filed an appeal against the judgment of the first instance.

B. On May 22, 2020, the appellate court, determined the first date for pleading as of May 10, 202, and served a notice of the date for pleading to the Plaintiff to the “Ycheon-si C (Del)” (the address indicated in the petition of appeal), which is the domicile of the Plaintiff, but was not served due to the absence of closure. On May 8, 2020, the appellate court served the notice of the date for pleading by registered mail, and sent it to the Plaintiff on the same day.

C. The plaintiff was absent on the first day for pleading, and the defendant's litigation performer was present, but did not present.

This court set the date for the second pleading on June 19, 2020 and served a notice of the date for pleading to the Plaintiff at the address above, but did not serve the notice of the date for pleading to the Plaintiff at the address above. On June 2, 2020, the court served the notice by delivery by registered mail on June 2, 2020, and served the notice of the date for pleading to the Plaintiff on the same day.

E. The plaintiff was absent on the second day for pleading, and the defendant's litigation performer was present, but did not present his opinion.

F. On August 18, 2020, after one month from the date of the second pleading, the Plaintiff submitted an application for designation of the date to this court.

G. On September 18, 2020, this court designated the third date for pleading as the third date for pleading and served a notice of the date for pleading on the said domicile, and the plaintiff was served with the notice of the date for pleading on the said domicile, and was present on the said date.

H. After attending the third date for pleading, the Plaintiff changed his domicile to “Ycheon-si E (Felel)”.

2. Determination

A. According to Articles 408 and 268(1) and (2) of the Civil Procedure Act, which are applicable mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act as to the termination of a lawsuit, where both parties do not appear or present at the court of appeal on two occasions during the period of the appellate trial, the court shall apply for the designation of the date within

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