1. Of the instant lawsuit, the part on the counterclaim was terminated on January 28, 2019 as the withdrawal of the Defendant-Counterclaim Plaintiff’s lawsuit.

2...

1. Judgment on a counterclaim (declaration of termination of the lawsuit);

A. The Plaintiff’s act of taking the relevant legal principles is the Plaintiff’s act of litigation against the court that extinguishs the continuation of the lawsuit by withdrawing the lawsuit filed by the Plaintiff, and the act of litigation is bound to determine the validity of the lawsuit based on its indication rather than the intention of internal deliberation, and accordingly, the Plaintiff voluntarily withdrawn the lawsuit by mistake.

Even if it is not invalid, it shall not be deemed null and void.

(see Supreme Court Decision 2003Da46758, Jul. 9, 2004). Inasmuch as a lawful withdrawal of a lawsuit was submitted, the Plaintiff may not withdraw it at will without asking the other party before or after the service of the document.

(See Supreme Court Decision 97Da6124 delivered on June 27, 1997). In addition, Article 239(3) of the Civil Procedure Act provides that “the withdrawal of a lawsuit shall be made in writing,” and there is no separate provision regarding the presenter, method of submission, etc.

B. In the column for the purport of appeal filed by the Defendant on January 28, 2019, the fact that the lower court stated that “the counterclaim is withdrawn and the ownership transfer lawsuit is invoked. The lower court’s judgment is revoked. The Plaintiff’s claim is dismissed.” The fact that the Defendant’s petition of appeal was served on the Plaintiff on February 15, 2019 is apparent in the record.

C. In light of the above legal doctrine and the facts of recognition, the Defendant’s expression of intent to withdraw the counterclaim submitted to this Court on January 28, 2019 cannot be arbitrarily withdrawn.

Since the plaintiff did not raise an objection against the withdrawal of the above counterclaim within two weeks from the date on which he received the petition of appeal, the part of the counterclaim in this case was terminated as the defendant's withdrawal on January 28, 2019.

2. The reasoning of the court’s explanation concerning the principal lawsuit of this case is identical to the reasoning of the judgment of the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Accordingly, the part of the counterclaim in the instant lawsuit was terminated as the withdrawal of the Defendant’s lawsuit on January 28, 2019.