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(영문) 서울중앙지방법원 2016.04.08 2015가단5330039
소유권말소등기
Text

1. The instant lawsuit was concluded on February 23, 2016 as the withdrawal of the lawsuit.

2. The Plaintiff’s litigation cost after the date of application is designated.

Reasons

On October 8, 2015, the Plaintiff filed a lawsuit against the Defendant, and submitted the written withdrawal of the lawsuit to this court on February 23, 2016, which was after the Defendant’s written reply was submitted, and on the same day, the fact that the Defendant stated that he/she consented to the withdrawal of the lawsuit and signed is apparent in the record.

Therefore, the instant lawsuit was concluded on February 23, 2016 as the withdrawal of the lawsuit.

On the other hand, the plaintiff filed an application for the designation of a date with the above written withdrawal of lawsuit not submitted by the plaintiff's intention, and the plaintiff's procedural acts with respect to the plaintiff's court to extinguish the continuation of lawsuit, which is the withdrawal of lawsuit, are bound to determine the validity of the lawsuit based on the indication rather than the intention of internal deliberation, unlike the act under general private law. Unless special provisions or special circumstances exist, the provisions of the

Therefore, it is interpreted that the invalidation or revocation can not be asserted on the ground of defects in declaration of intention such as fraud, coercion or mistake.

In addition, the plaintiff was present on the date of pleading of this case and presented the withdrawal of the lawsuit at his own will.

If so, it is decided as per Disposition by the declaration of termination of the lawsuit in this case.

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