1. The instant lawsuit was concluded on January 10, 201 as the withdrawal of the lawsuit.

2. The costs of the lawsuit after the completion of the lawsuit are assessed against the defendant.

1. The following facts are apparent in the records:

On May 9, 2016, the Plaintiff filed a lawsuit against the Defendant, C, and D claiming the transfer of ownership, etc., but submitted the written withdrawal of the lawsuit on December 15, 2016. On December 12, 2016, the Defendant filed a counterclaim against the Plaintiff as Seoul Northern District Court 2016Kadan42104, but withdrawn the counterclaim on February 6, 2017, and the Plaintiff consented to the withdrawal of the counterclaim by the Defendant on February 9, 2017.

B. On December 19, 2016, the Plaintiff’s delivery of the written withdrawal of the lawsuit against the Defendant was not made by the addressee’s unknown, and on December 23, 2016, the delivery by registered mail was made on December 26, 2016.

C. Meanwhile, the Plaintiff’s withdrawal of the lawsuit was served to C on December 19, 2016, and was served on D on December 28, 2016.

2. Determination

A. Article 266(2) of the Civil Procedure Act provides that “The other party to a lawsuit shall have the effect of obtaining consent of the other party if the other party to the lawsuit has submitted a preparatory document as to the principal of the case or has made any statement or pleading at the preparatory date for pleading,” and the main text of Article 266(3) provides that “the withdrawal of a lawsuit shall be made in writing,” and Article 266(6) provides that “if the other party does not raise an objection within two weeks from the date on which the written withdrawal of

B. According to the health team and facts of recognition as to the instant case, the Plaintiff’s instant lawsuit against the Defendant was concluded on January 10, 2017, which was the following day after the second week from December 26, 2016, on which the Plaintiff’s delivery of the Plaintiff’s written withdrawal of the lawsuit was deemed as the delivery of the Plaintiff’s written withdrawal of the lawsuit, and the said lawsuit was concluded as the withdrawal of the lawsuit.

Nevertheless, on February 6, 2017, after the lapse of the aforementioned two weeks, the Defendant submitted a preparatory document to the effect that he/she consented to the withdrawal of the Plaintiff’s lawsuit, and upon filing an application for designation of date on March 3, 2017, the Defendant had the same external appearance as the instant lawsuit continues. Therefore, the instant lawsuit is brought.