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1. The instant lawsuit was concluded on December 27, 2017 as the withdrawal of the lawsuit.
2. The costs of lawsuit incurred after the completion of the lawsuit.
Reasons
According to Article 8(2) of the Administrative Litigation Act and Article 268 of the Civil Procedure Act, if both parties are not present at the date of pleading or do not present at the date of pleading, the presiding judge shall re-determine and notify the date of pleading, and if both parties are not present at the meeting or present at the date of pleading again, if both parties do not present at the meeting within one month, the lawsuit shall be withdrawn
In light of the records, the following facts are clear.
① The Plaintiff did not appear on the date of the first pleading opened on November 2, 2017, and the second pleading opened on November 23, 2017, even after being duly notified by this Court of the date, and the Defendant’s litigation performer did not appear on the date of the second pleading opened on November 23, 2017. The Defendant’s litigation performer did not appear, but did not appear on the part of the Plaintiff.
② On January 2, 2018, the Plaintiff filed an application for designation of a date from January 2, 2018.
(1) On December 23, 2017, which is the last day of the 1-month period, an application for designation of the date should have been filed until December 26, 2017, since the said 24th day and 25th day are Sundays and Matan as a legal holiday. Accordingly, pursuant to Article 268 of the Civil Procedure Act, the instant lawsuit was deemed to have been withdrawn on December 27, 2017, one month after the second date for pleading pursuant to Article 268 of the Civil Procedure Act.
Thus, the declaration of termination of the lawsuit of this case is to be made.