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(영문) 대전고등법원 2019.06.19 2018누11683
수용재결취소
Text

1. The instant lawsuit was concluded on April 9, 2019 as the withdrawal of an appeal.

2. The costs of the lawsuit after the request for setting the date.

Reasons

1. The following facts are apparent in the records of recognition:

The Plaintiff filed an appeal against the judgment of the first instance on June 29, 2018.

B. The Plaintiff appeared on October 17, 2018, which is the first date for pleading, and the Central Land Expropriation Committee did not appear even after being summoned due, and the Defendant Seocheon-gun appeared.

This Court, on December 19, 2018, designated the second date for pleading as 15:00 and notified the Plaintiff thereof.

C. On the second date for pleading, the Plaintiff did not appear, and the Central Land Tribunal did not appear after being summoned due, and the Defendant Socheon-gun was present but did not present during the pleading.

(1) On March 6, 2019, this Court designated the third date for pleading as at March 14, 201. (d)

The court sent the notice to the plaintiff on the third day for pleading, and the plaintiff himself directly received it.

E. On the third day for pleading, the Plaintiff and the Central Land Expropriation Committee did not appear even after being summoned due, and the Defendant Socheon-gun appeared, but did not present any pleading.

(2) On April 11, 2019, when one month has elapsed from the third date for pleading, the Plaintiff submitted an application for designation of the date to this court.

2. According to Article 8(2) of the Administrative Litigation Act, and Articles 408 and 268(4) and (2) of the Civil Procedure Act, both parties were absent or present at the appellate court twice at the date of pleading.

Even if no pleading is made, if no pleading is made, the appeal shall be considered to have been withdrawn, and the judgment of the first instance shall become final and conclusive, if no request for designating the date is made within one month from the date of pleading

Such withdrawal of an appeal is naturally an effect arising from the fulfillment of the above requirements, and cannot be determined by the court or the parties’ intent, and even if the parties’ intent is the performance of the lawsuit, it cannot be denied the above effect, and the court’s discretion or the contents of the litigation case.

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