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(영문) 창원지방법원 2018.12.12 2018구단11075
주거이전비등
Text

1. The instant lawsuit was concluded on October 20, 2018 as the withdrawal of the lawsuit.

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

Reasons

1. According to Article 8 (2) of the Administrative Litigation Act and Article 268 of the Civil Procedure Act, if both parties fail to appear on the date for pleading, or fail to present at the court on the date for pleading, the presiding judge shall re-determine the date for pleading, and if both parties fail to appear at the court on the date for pleading, or fail to present at the court on the date for pleading again,

2. According to the records of this case, the plaintiff was not present at the 15th day for pleading opened on August 22, 2018, and the defendant's litigation performer was present at the 14:00 date for pleading, but did not present at the 16th day for pleading held on September 19, 2018, and the plaintiff was not present at the 14:45 date for pleading held on September 19, 2018, and the defendant's litigation performer was present at the 16th day for pleading but did not present at the 16th day for pleading, and the plaintiff filed an application for withdrawal of withdrawal on November 6, 2018, which was after one month from the 16th day for pleading. According to the above facts of recognition, according to Article 8 (2) of the Administrative Litigation Act and Article 268 of the Civil Procedure Act, the lawsuit of this case was terminated as of October 20, 2018.

The plaintiff was dismissed only on the 15th day for pleading due to traffic accident, and was absent due to traffic accident after the absence. The plaintiff argued to the effect that there is a justifiable reason for the absence, but as long as the plaintiff was legally served a notice of the date for pleading and could have applied for the designation of the date within one month, the circumstance alleged by the plaintiff does not constitute a justifiable reason that could prevent the non-appearance from occurring. Thus, the plaintiff's assertion is without merit

3. Since the instant lawsuit was concluded as an order to withdraw the lawsuit on October 20, 2018, it is so decided as per Disposition with the conclusion of the declaration of termination of the lawsuit.

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