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Plaintiff, Appellant
Plaintiff
Defendant, appellant and appellant
Defendant
Conclusion of Pleadings
August 21, 2015
The first instance judgment
Seoul Family Court Decision 2014Nu53632 Decided February 13, 2015
Text
1. The instant lawsuit was concluded on March 11, 2015 by the Defendant’s withdrawal of appeal.
2. The costs of the lawsuit after the completion of the lawsuit are assessed against the defendant.
Purport of claim and appeal
1. Purport of claim
The plaintiff and the defendant are divorced.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
Reasons
1. Facts of recognition;
On February 13, 2015, the Plaintiff filed a lawsuit against the Defendant seeking a judgment identical to the entries in the purport of the claim, and was sentenced to a favorable judgment on February 13, 2015, and the Defendant filed the instant appeal on March 9, 2015, and submitted a written withdrawal of appeal on March 11, 2015, and the Defendant submitted a written withdrawal of appeal on March 13, 2015, and the fact that the Defendant filed a petition of appeal on March 13, 2015.
2. Determination
It is clear that the appeal filed after withdrawal of a group of appeal filed by the appellate court is the unilateral procedural act of the appellant against the appellate court to terminate the proceedings of the appellate court, and the procedural acts under the Civil Procedure Act cannot be applied unless there are any special provisions or special circumstances. Thus, the provisions concerning the legal acts under the Civil Act cannot be applied to the procedural acts unless there are special circumstances (see Supreme Court Decision 2004Da42968, Nov. 12, 2004, etc.).
Therefore, insofar as the Defendant submitted a written withdrawal of appeal on March 11, 2015, it cannot be arbitrarily withdrawn the appeal due to the lawful filing of the appeal. Ultimately, the instant lawsuit was concluded on March 11, 2015 by the Defendant’s submission of the written withdrawal of appeal.
3. Conclusion
Therefore, since the lawsuit in this case was terminated as the withdrawal of appeal on March 11, 2015 by the defendant, it is decided as per Disposition by the declaration of termination of lawsuit.
Judges Min You-sook (Presiding Justice)