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1. Of the instant litigation, the Plaintiff and Defendant Kenturi, Inc., and Jyyang Engineering Certified Firm.
Reasons
1. ex officio determination as to the termination of a lawsuit, the following facts are apparent in the records.
In the first instance court, the Plaintiff filed a claim against the Defendants for confirmation of invalidity of each of the contracts of this case, and confirmation of absence of rights based on each of the contracts of this case by Kentent, Jinyang Engineering and Certified Architects, Inc., and the first instance court rendered a judgment dismissing all of the Plaintiff’s lawsuits on October 6, 2016.
On October 10, 2016, when the original copy of the judgment of the first instance was served on the Plaintiff, the Plaintiff submitted a petition of appeal to the first instance court on October 13, 2016 (the Defendant did not appeal both). The petition of appeal states that only C, the president of the Defendant Union, is indicated as the appellee, and the address column includes the address of the Defendant association. The purport of appeal is to state that “the mistake of fact” is merely stated as “the mistake of fact,” without any specific statement as to the scope or content of objection against the judgment of the first instance.
On the other hand, on January 19, 2017, the Plaintiff stated that the indication of the respondent C, who was present on the date of trial at the court of first instance and stated in the petition of appeal, is an error that the Plaintiff filed an appeal against the Defendant Union, and that the Defendant would be corrected as the head of the association, and that the purport of the appeal would be the same as that of the written claim in the petition of appeal.
According to the above facts of recognition, it is reasonable to view that the Plaintiff filed an appeal only against the Defendant Union, but did not file an appeal against the Kentent, Jinyang Engineering Engineering, and the Saturdays Certified architect office.
Therefore, the part between the Plaintiff, Defendant Incorporated, Jentyang Engineering Certified architect, and Saturdays Certified architect, among the instant lawsuit, among which the original copy of the judgment of the first instance was served on the Plaintiff, shall be the period from October 10, 2016 to 14 days.