1. The instant lawsuit was concluded on August 20, 2016 as deeming the withdrawal of the Defendant’s appeal.

2. After filing an application for designation of the date.

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

The Plaintiff filed the instant lawsuit against the Defendant and the co-defendant A of the first instance trial seeking the delivery of real estate indicated in the separate sheet, and the court of the first instance rendered a judgment citing the Plaintiff’s claim on December 3, 2015.

B. The judgment of the first instance court was served on the Defendant on December 9, 2015, and the Defendant filed the instant appeal on December 15, 2015.

C. On June 7, 2016, this Court served a notice of the date for preparatory pleading No. 14:35 on June 7, 2016 and the notice of the date for preparatory pleading No. 14:00 on July 19, 2016 to the Defendant. The Defendant did not appear at the date for preparatory pleading No. 1 and 2 even upon receipt of each of the above notice.

On January 23, 2017, after one month from the date for preparatory pleading of the second place, the Defendant applied for the designation of the date to this court.

2. While both parties are absent or present at the date for preparatory pleading two times during the course of the appellate trial, the appeal shall be deemed to have been withdrawn if they did not file an application for designating the date within one month from the date for preparatory pleading where they were absent after the second party’s absence (Articles 286 and 268(4), (1), and (2) of the Civil Procedure Act). Such deemed withdrawal of an appeal is legally effective as a matter of law due to the fulfillment of the above requirements, and cannot be determined by the court or the parties’ intent, and even if they intend to perform the litigation, such effect cannot be denied, and cannot be arbitrarily handled according to the court’s discretion or the content and progress of the litigation case.

(See Supreme Court Decision 81Da94 Decided October 12, 1982). According to the above facts, the Defendant was absent from the date for preparatory pleading twice even after receiving lawful notification of the date from this court, and did not file an application for designating the date within one month from the date for preparatory pleading of the second time. Thus, the instant lawsuit was filed on August 20, 2016, one month after the date for preparatory pleading of the second time.