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(영문) 대전고등법원 2016.12.22 2015나12893
부당이득금
Text

1. The instant lawsuit terminated on February 29, 2016 as the withdrawal of the lawsuit.

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

Reasons

1. The following facts are clear as to the details of the withdrawal of the action:

On December 4, 2014, the Plaintiff, A, and C filed a lawsuit with the Daejeon District Court 2014Gahap8015 on December 4, 2014 against Defendant D to return the principal and interest of unjust enrichment, A and C to Defendant E [Attachment] to cancel the registration of the establishment of a neighboring mortgage on each real estate listed in the (b) table, and against Defendant E, the Plaintiff filed a lawsuit against Defendant E seeking the cancellation of the registration of the establishment of a neighboring real estate on each real estate listed in the (a) table, and the part of the (b) section, and against Defendant F.

B. On June 3, 2015, the first instance court rendered a judgment of winning part of the case against A, and with respect to the Plaintiff and C, the judgment of winning the entire case (hereinafter “the judgment of the first instance”).

D and the defendants appealed against each of the judgment of the first instance.

C. On July 24, 2015, the Plaintiff, A, and C appointed Q Law Firm (Attorney R in charge) as an attorney at the appellate court, and granted the power to withdraw the lawsuit.

On February 23, 2016, after the first date for pleading in the appellate trial, Q Law Firm submitted to this court a letter of withdrawal of the lawsuit made in the name of the Plaintiff, A, and C (hereinafter “the letter of withdrawal of the lawsuit in this case”) and the act of withdrawal of the lawsuit in this case.

The withdrawal of the instant lawsuit was accompanied by an agreement signed and sealed by the Plaintiff and A and C on behalf of the Defendants and D respectively (hereinafter “instant agreement”). The instant agreement contains the content that “the Plaintiff shall withdraw the entire lawsuit of this case.”

E. On February 29, 2016, D and S Law Firm (Attorney T, U) as the legal representative of the Defendants submitted a written consent to the withdrawal of the instant lawsuit to the instant court.

F. On March 11, 2016, the Plaintiff asserted that the withdrawal of the instant lawsuit is null and void, and applied for designation of the date to this court.

2. The assertion and judgment

A. The gist of the plaintiff's assertion A is that of the plaintiff.

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