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(영문) 인천지방법원 부천지원 2018.04.06 2017가단108211
토지
Text

1. The Plaintiff H’s lawsuit against the Defendant was concluded on January 25, 2018 as the withdrawal of the lawsuit.

2. The claims of plaintiffs A, B, C, D, E, F, and G.

Reasons

1. According to the records of this case’s judgment as to the lawsuit between Plaintiff H and the Defendant, it is recognized that Plaintiff H filed the instant lawsuit on June 19, 2017 and submitted the written withdrawal of the lawsuit on January 3, 2018.

As to this, the plaintiff H argues that the defendant's submission of the plaintiff H's written withdrawal of the lawsuit is against the good faith principle, and that the above written withdrawal of the lawsuit was made by the defendant's criminal act, so it is invalid as well as that the above written withdrawal of the lawsuit was made by mistake of plaintiff H.

The withdrawal of the action was submitted by the Defendant.

there is no evidence to prove that it was made by the defendant's criminal act.

In addition, the provisions concerning a juristic act under the Civil Act does not apply to any litigation under the Civil Procedure Act, unless there are special circumstances, and the litigation is conducted against the plaintiff's court against the plaintiff's court to extinguish the pending lawsuit by withdrawing the lawsuit brought by the plaintiff, and the litigation is bound to determine the validity of the litigation based on its indication, unlike the act under the general private law. Thus, it cannot be deemed null and void even if the plaintiff withdrawn the lawsuit by mistake against his will (see, e.g., Supreme Court Decisions 96Da35484, Oct. 10, 1997; 95Da11740, Oct. 24, 1997). The above argument by the plaintiff H is without merit.

Therefore, on January 25, 2018, the lawsuit between Plaintiff H and the Defendant was terminated as of January 25, 2018, where the Defendant’s consent to the withdrawal of the lawsuit.

(A) The judgment on the claim of Plaintiffs A, B, C, D, E, F, and G (hereinafter “B”) on February 2, 198, since the lawsuit is terminated in the same state as the lawsuit was not pending at the beginning upon the withdrawal of the lawsuit, it does not mean that the Defendant consented to the withdrawal of the lawsuit after the withdrawal of the lawsuit.

A. The remainder of the plaintiffs' assertions by Kim Jong-si, Kim Jong-si (hereinafter "the plaintiffs' land").

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