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(영문) 창원지방법원 2020.12.08 2019가단13721
배당이의
Text

The instant lawsuit was concluded on September 22, 2020 as the withdrawal of the lawsuit.

The plaintiff's litigation costs after the termination of the lawsuit.

Reasons

Article 158 of the Civil Execution Act provides that “When a person who has raised an objection fails to appear on the first date for pleading of an objection against distribution, the said person shall be deemed to have withdrawn the lawsuit.”

After the Plaintiff filed a lawsuit of demurrer against the Defendant against the instant objection, the fact that the Plaintiff did not appear on the first date of pleading opened on September 22, 2020, even after being notified of lawful date, is apparent in the record. Thus, the instant lawsuit was terminated on September 22, 2020 as the withdrawal of the lawsuit.

Nevertheless, the plaintiff declares the termination of the lawsuit in order to clarify the termination of the lawsuit in this case, since the plaintiff's litigation relationship is unclear, such as submitting an application for designation.

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