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(영문) 대전지방법원 2019.04.03 2018구합52
조세불복 청구
Text

1. The instant lawsuit was concluded on October 20, 2018 as the withdrawal of the lawsuit.

2. Application for the change of the date on November 22, 2018

Reasons

According to Article 268(1) and (2) of the Civil Procedure Act, which is applied mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, when both parties have failed to appear at the date of pleading two times or to present at the court, if no application for designating a date has been filed within one month from the second date of pleading, the lawsuit shall

According to the records of this case, on June 1, 2018, the plaintiff was not present at the court on the first day for pleading No. 10:45, June 1, 2018, and the defendant litigation performer was present at the court on the third day for pleading but did not present at the court. The plaintiff was present at the third day for pleading, and the next fourth day for pleading was notified on September 19, 2018, but did not appear on the above date. The defendant's litigation performer was present on the above date but did not present at the court, and the plaintiff filed an application for change of the date to the effect that the plaintiff requested the designation of the court date on November 22, 2018 after the lapse of one month from the plaintiff.

If so, the instant lawsuit was concluded on October 20, 2018 after one month from the fourth date for pleading, which was deemed to have been withdrawn on October 2018.

Since the declaration of termination of a lawsuit is made, it is decided as per the disposition.

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