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1. AY and Defendant B, C, D, E, F, G, H, I, J, K, L, M, M, N,O, Q, Q, T, U,V, W, X, X.
Reasons
1. We examine the termination of the part relating to AY in the instant lawsuit, ex officio, of determination as to the termination of the part relating to AY in the instant lawsuit.
A. On May 27, 2013, the Plaintiff’s legal representative of the Plaintiff (Appointed Party; hereinafter “Plaintiff”) submitted a written application for partial withdrawal of a lawsuit and modification of the purport of the claim (hereinafter “designated Party AY withdraws the instant lawsuit”). Until that time, it is evident that: (a) the other party to the instant lawsuit (Defendant B, C, D, E, F, G, H, I, J, K, K, M, M, N, P, Q, Q, C, X, X, and AX; and (b) the designated Party AY’s legal representative of the instant lawsuit did not submit a preparatory document or pleading on the merits of the instant lawsuit.
B. On July 23, 2013, the Plaintiff’s attorney asserted that the withdrawal of a lawsuit containing such contents was made due to an error by the Appointor AY’s withdrawal, and submitted to this court the withdrawal of the lawsuit.
However, the Plaintiff’s withdrawal of the lawsuit brought by the Plaintiff and extinguishment of the continuation of the lawsuit is the litigation for the Plaintiff’s court, and the litigation cannot be determined on the basis of its expression rather than that of the intention of the court in general civil law. As long as a legitimate withdrawal of the lawsuit was submitted, the Plaintiff may not withdraw the lawsuit at will without asking the other party before or after the document is served (see, e.g., Supreme Court Decision 97Da6124, Jun. 27, 1997). Therefore, even if the Plaintiff withdraws the lawsuit by mistake, the Plaintiff voluntarily withdrawn the lawsuit.
Even if the plaintiff cannot withdraw it, the plaintiff can not withdraw it.
C. Thus, the part relating to the Appointor AY among the instant lawsuit was terminated on May 27, 2013 as the withdrawal of the lawsuit.
2. Of the instant lawsuits, the designated parties are the Z, BA, and BC.