1. The instant lawsuit was concluded on April 3, 201 as deemed the withdrawal of the lawsuit.

2. The costs of lawsuit shall be borne by the Plaintiff.

According to Article 8(2) of the Administrative Litigation Act and Article 268 of the Civil Procedure Act, if both parties are not present at the date of pleading or do not present at the date of pleading, the presiding judge shall re-determine and notify the date of pleading, and if both parties are not present at the meeting or present at the date of pleading again, if both parties do not present at the meeting within one month, the lawsuit shall be withdrawn

The plaintiff was absent on February 2, 2017, even after receiving the notice of legitimate date from this court, and the defendant was present on the date for the first pleading on February 2, 2017. The fact that the defendant was not present on the date for the second pleading on March 2, 2017. ② The attorney of the plaintiff and the plaintiff was absent on the date for the second pleading on March 2, 2017. The defendant was present on the date for the second pleading but did not state his opinion. ③ Meanwhile, on April 12, 2017, one month after the date for the second pleading on April 12, 2017, the plaintiff submitted a written appeal stating his intention to apply for the designation of date to this court on April 12, 2017. Accordingly, the lawsuit in this case was terminated by being deemed to have been withdrawn on April 3, 2017 after one month from the date for the second pleading

As to this, the plaintiff argued to the effect that the validity of the withdrawal of a lawsuit should be denied since the plaintiff failed to understand the litigation procedures as a foreigner, and the plaintiff neglected to apply for designation of the date on the wind given the appearance that the date will be later designated as a result of the case search. However, the effect of the deemed withdrawal of a lawsuit is naturally arising from the fulfillment of the requirements, and it cannot be handled arbitrarily, taking into account the court's discretion, case contents, and the progress of the lawsuit (see Supreme Court Decision 91Da94, Oct. 12, 1982). One month, which is the period of application for designation of the date under Article 268(2) of the Civil Procedure Act, is not an peremptory term, and therefore, Article 173(1) of the