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(영문) 대구고등법원 2015.11.26 2013나5337
근저당권말소
Text

1. The instant lawsuit was concluded on September 23, 2014 as the withdrawal of the appeal by the Plaintiff (Counterclaim Defendant).

2. Application for designation of the date;

Reasons

Even when the Plaintiff was served a notice of the date for the first pleading on March 17, 2014, but was absent on the date for the first pleading on April 24, 2014, the Plaintiff was not present on the date for the first pleading. The fact that the Defendant was not present on the date for the second pleading on July 15, 2014, and the Plaintiff was absent on the date for the second pleading on August 21, 2014, and the Defendant was not present on the date for the second pleading on August 21, 2014, and the fact that the Plaintiff applied for the designation of the date for the second pleading on July 31, 2015, after one month from the date for the second pleading on the date for the second pleading

According to the above facts, pursuant to Article 268(4) and (2) of the Civil Procedure Act, the instant lawsuit was terminated on September 23, 2014 when one month has elapsed from the date of the second pleading pursuant to Article 268(4) and (2) of the Civil Procedure Act.

Therefore, it is decided as per Disposition by the declaration of termination of the lawsuit in this case.

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