1. The instant lawsuit was concluded on July 23, 2019 as deemed the withdrawal of an appeal.

2. After filing an application for designation of the date on August 2, 2019.

1. The following facts shall be apparent or clearly recorded in this Court:

The first instance judgment of this case was sentenced on November 15, 2018, and the Plaintiff filed an appeal against the first instance judgment on December 3, 2018.

B. On May 24, 2019, the appellate court designated the first date for pleading as 14:00 on May 24, 2019, and, on April 22, 2019, issued a notice of the date for pleading to the Plaintiff, “Gimhae-si C and D,” which the Plaintiff stated in the petition of appeal as the place where the notice was served, but was not served, on May 20, 2019, sent the said notice by means of delivery by registered mail, and the said notice was deemed to have been served on the Plaintiff on May 21, 2019.

C. The Plaintiff and the Defendant did not appear on the first day of pleading in this Court.

On May 24, 2019, this Court re-designated the second date for pleading as of June 21, 2019 and sent the notice of the date for pleading to the Plaintiff on May 24, 2019. However, on June 10, 2019, the said notice was not served, and the said notice was deemed to have been served on the Plaintiff on June 10, 2019.

E. The plaintiff did not appear on the second date for pleading, and the defendant did not appear, but did not state his opinion.

F. On August 2, 2019, one month after the second date for pleading, the Plaintiff stated that the Plaintiff was unable to appear at the second date for pleading and make a judgment again, and the Plaintiff cannot file an immediate appeal against it as a legal effect naturally arising if certain requirements are met. Thus, the above provision is deemed to have filed an application with the purport of designating a date to the effect of the application for designating the date on which the application for designating the date, which contests the validity of the termination of the lawsuit as a result of deeming the withdrawal of an appeal, on August 2, 2019.

A. The submission was made.

2. Article 268(1) of the Civil Procedure Act as to whether a lawsuit is terminated as deemed to have been withdrawn.