1. The instant lawsuit was concluded on March 4, 201 as deemed the withdrawal of the Defendant’s appeal.

2. Application for the designation of the date of February 21, 2019.

1. The following facts of recognition are remarkable or obvious in records in this court:

On December 2, 2015, the Plaintiff filed a lawsuit against the Defendant with the Gwangju District Court 2015Kadan51710, and rendered a judgment of the first instance that “The Defendant received KRW 15,000,000 from the Plaintiff and deliver the building indicated in the attached property to the Plaintiff” on August 23, 2016.

On October 5, 2016, the defendant filed an appeal against the first instance judgment.

B. On November 23, 2016, the court determined that the first date for pleading was “1:00,” and served a notice of the date for pleading on December 23, 2016 to the Defendant on the date for pleading, but is not served due to the absence of closure; on December 7, 2016, the notice of the date for pleading was served to the Defendant on the same day; (c) the Defendant was sent a notice of the date for pleading by registered mail; (d) the Defendant was absent on the first date for pleading; and (d) the Plaintiff did not appear on the date for pleading; and (d) the Plaintiff did not appear on the second date for pleading; and (e) the court issued the notice of the date for pleading to the Defendant on December 23, 2016, and served the notice of the date for pleading on the date for pleading by registered mail on January 17, 2017; and (e) served the notice to the Defendant on the same day.

E. The defendant was absent on the second day for pleading, and the plaintiff was present, but did not present.

F. On February 21, 2019, the Defendant is disputing the validity of withdrawal of an appeal upon submitting an application for designation of the date.

2. Determination

A. According to Articles 408 and 268 of the Civil Procedure Act, where both parties have been absent or have not present at the date of pleading in the course of the appellate trial, if both parties have been present at the date of pleading two times during the proceeding of the appellate trial, and have failed to apply for designation of date within one month from the date of pleading, or have failed to present at the date determined by the request for designation of date, or even if both parties have appeared at the date thereafter, the appeal shall be