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(영문) 서울중앙지방법원 2017.02.09 2016가합538634
소유권이전등기 말소 청구
Text

1. The instant lawsuit was concluded on November 4, 2016 as the withdrawal of the Plaintiff’s lawsuit.

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

Reasons

The Plaintiff submitted a written withdrawal of the lawsuit to this court on November 3, 2016, and the fact that the Defendant consented to the withdrawal of the lawsuit on November 4, 2016 is apparent in the record. As such, the instant lawsuit was concluded upon the Defendant’s consent to the withdrawal of the lawsuit on November 4, 2016.

As to this, the Plaintiff submitted a letter of delegation in the name of C without delegation from C to the Plaintiff’s corporate seal impression and the Plaintiff’s representative director C (which is currently residing in the U.S.). Thus, the Plaintiff asserted that the withdrawal of the lawsuit does not take effect. However, there is no evidence to acknowledge it (In conclusion, the Plaintiff’s attorney E law firm E, who is the Plaintiff’s legal representative, filed an application for designation of the date for pleading on December 15, 2016 on the ground that there is a defect in the Plaintiff’s declaration of intent to withdraw the lawsuit, and then the Plaintiff again submitted a letter of withdrawal to the court on January 9, 2017. On January 10, 2017, the Plaintiff filed a written report of dismissal with the Plaintiff’s legal representative. On January 12, 2017, D submitted reference materials, such as a written confirmation of performance of duties and e-mail, to the effect that the power of attorney was granted from C on the withdrawal of the lawsuit and dismissal of the legal representative)

If so, the instant lawsuit was terminated on November 4, 2016, and thus, it is so decided as per Disposition.

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