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(영문) 수원지방법원 2015.09.04 2014가합3583
근저당권설정등기 등 말소
Text

1. The instant lawsuit was terminated on December 11, 2014 by the withdrawal of the lawsuit.

2. The costs of the lawsuit incurred after the completion of the lawsuit shall be borne by the defendant.

Reasons

1. Article 266(2) of the Civil Procedure Act provides that "if the other party to a lawsuit submits a preparatory document as to the merits of the lawsuit, or makes any statement or pleading at the preparatory date for pleading, it shall be effective to obtain the consent of the other party, if the defendant only requests a judgment of rejection of the lawsuit in the course of submitting the main safety defense, it shall not be deemed that he/she responded to the merits, and the plaintiff may withdraw the lawsuit without the consent of the defendant, and even if the defendant seeks a dismissal of the lawsuit in the main safety defense, and the defendant seeks a dismissal of the claim in the main defense, it shall be deemed that the plaintiff may withdraw the lawsuit without the consent of the defendant, since the main safety defense is sought in preparation

[See Supreme Court Decisions 209Meu1861 Decided July 22, 2010, 2009Meu1878 (Counterclaim); 2002Da35775 Decided October 11, 2002; and Supreme Court Decision 68Da217, and 218 Decided April 23, 1968, etc. of this case] 2. According to the records of this case, the defendant raised a defense that the plaintiff's lawsuit of this case in this case goes against the res judicata effect of the judgment of this case No. 2010Ga12411, and the plaintiff raised a judgment dismissing the plaintiff's claim on this case, and it can be recognized that the plaintiff submitted the withdrawal of the lawsuit of this case to this court on December 11, 2014.

As above, the Defendant sought a judgment on the merits of the dismissal of the Plaintiff, so long as the Defendant asserted the safety defense against the Plaintiff’s instant claim.

Even if the plaintiff's written withdrawal of the lawsuit is deemed to have been effective without the defendant's consent, so the lawsuit in this case was terminated on December 11, 2014 by the plaintiff's written withdrawal of the lawsuit.

Nevertheless, on December 22, 2014, after the Defendant submitted the Plaintiff’s written withdrawal of the lawsuit, the Defendant submitted written consent to the Plaintiff’s withdrawal to this court, and the Plaintiff accordingly.

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