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(영문) 대전지방법원 2020.11.11 2018가단21705
지료
Text

A. Of the instant lawsuit, the part against Plaintiff A’s Defendant D and F was terminated on June 17, 2020 as the withdrawal of the lawsuit.

(b).

Reasons

1. The motion to withdraw the part of the claim filed by the plaintiff A and B among the lawsuit of this case (ex officio determination)

A. According to Article 268(2) of the Civil Procedure Act, when both parties fail to appear on the date for pleading two times, the date shall be set upon an application by the parties for designating the date. However, when the court designates a new date ex officio, it shall be deemed that the date is the same as the case where both parties are designated by an application for designating the date. As such, if both parties fail to appear or appear on the designated date ex officio or on the subsequent date, the withdrawal of the lawsuit shall be deemed to exist.

B. (See Supreme Court Decision 2001Da60491 delivered on July 26, 2002).

Plaintiff

A’s claim against Defendant D, Defendant D, and F is evident in the record that the Plaintiff A, Defendant D, and F did not appear even after being served on the date for pleading 5, 6, and 7 of the instant case. As such, among the instant lawsuit, the part against Defendant D and F in the instant lawsuit was terminated on June 17, 2020, the date for pleading 7.

C. It is evident in the record that Plaintiff B’s claim against Defendant D, E, and F was not present even after being served on the date for pleading Nos. 1, 2, and 3 of this case. As such, the part against Plaintiff D and F among the lawsuit in this case against Plaintiff B was terminated on November 20, 2019, which is the third date for pleading No. 3, 4, and 5 of this case, and the fact that Plaintiff B and Defendant E were served on the date for pleading No. 3, 4, and 5 of this case, and thus, the part against Plaintiff B among the lawsuit in this case against Defendant D was terminated on April 22, 2020, which is the fifth date for pleading.

2. Determination as to Plaintiff C’s claim

A. Facts of recognition 1) Plaintiff C’s respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”) issued by the Daejeon District Court Daejeon District Court No. 37996, Jun. 19, 2015.

With respect to one-third share, June 12, 2015.

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