logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.19 2014가합574407 (1)
소유권이전등기
Text

1. The instant lawsuit was concluded on September 3, 2015 as the withdrawal of the lawsuit.

2. The costs of the lawsuit incurred after the completion of the lawsuit shall be borne by the defendant.

Reasons

Article 266(2) of the Civil Procedure Act provides that “The other party to a lawsuit shall have the effect of obtaining a consent of the other party if he/she has submitted a preparatory document on the merits of the lawsuit or made any statement or pleading at the preparatory date for pleading,” and Article 266(3) of the same Act provides that “The withdrawal of a lawsuit shall be made in writing,” and Article 266(6) provides that “if the other party has not raised an objection within two weeks from the date on which the written withdrawal of

On August 3, 2015, the Plaintiff submitted a document to withdraw the instant lawsuit against the Defendant, and the Defendant’s written withdrawal of the said written withdrawal of the lawsuit is clearly recorded on August 19, 2015 (the delivery of the written withdrawal of the lawsuit to the Defendant was conducted by registered mail on August 19, 2015 because the delivery of the written withdrawal of the lawsuit to the Defendant was not a closed door on August 13, 2015) and did not raise an objection within two weeks from August 19, 2015.

Therefore, the instant lawsuit was concluded on September 3, 2015 (the date following the second week from the date of service when the consent is deemed to have been given).

Nevertheless, on October 2, 2015, after the lapse of the aforementioned two weeks, the Defendant submitted a written opinion that he/she consented to the withdrawal of the Plaintiff’s lawsuit to the effect that the lawsuit in this case continues to exist. Therefore, it is reasonable to make a declaration of termination of the lawsuit in this case.

Thus, since the lawsuit in this case was terminated as the withdrawal of the lawsuit by the plaintiff on September 3, 2015, it is decided as per Disposition by the declaration of termination of the lawsuit.

arrow