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The instant lawsuit was concluded on June 7, 2020 as the withdrawal of the lawsuit.
The plaintiff's litigation costs after filing an application for fixed date.
Reasons
1. The following facts shall be apparent or clearly recorded in this Court:
With respect to the instant lawsuit, the instant court: (a) determined the first date for pleading as “15:40 on March 26, 2020”; (b) served a notice of the date for pleading to “Yacheon-si C and D,” which is the domicile indicated in the complaint; (c) served a notice of the date for pleading to “Yacheon-si C and D,” but is not served due to the absence of closure; and (d) served the notice by registered mail on March 13, 2020; and (b) served the Plaintiff’s mother B on March 16, 2020 with the notice of the date for pleading to be served. (b) The Plaintiff was present at the first date for pleading, but the Plaintiff’s legal representative was absent; and (c) the Defendant’s litigation performer did not appear but present. The instant court served the notice of the date for pleading to B on May 7, 2020 on the said date for pleading, but did not appear as a closed door.
The plaintiff and the mother B were absent on the second day for pleading, and the defendant's litigation performer was present, but did not present.
E. On July 23, 2020, after one month from the date of the second pleading, the Plaintiff submitted an application for designation of the date to this court.
2. Determination
A. According to Article 268(1) and (2) of the Civil Procedure Act, which applies mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, both parties are not present at the date of pleading or have attended two times.
Even if no pleading has been made, an application for designation of date shall be filed within one month, and if an application for designation of date has not been filed within one month, the lawsuit shall be deemed to have been withdrawn.
On the other hand, if a party has no litigation capacity as a minor, the issue of whether the party constitutes "non-appearance", which is the requirement for neglecting the date of trial, shall be based on his legal representative, not the party himself, and the lawsuit in this case shall be one month from the