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1. The instant lawsuit was concluded on January 16, 2015 by the Plaintiff’s withdrawal of an appeal.
2. After filing an application for designation of the date.
Reasons
1. In fact, on January 16, 2015, the Plaintiff submitted to this court a written withdrawal of appeal stating that “The Plaintiff in this case shall fully withdraw the appeal,” and on February 13, 2015, the fact that the Plaintiff submitted an application for designation of the date of pleading and the date of pleading stating that “the withdrawal of appeal was made by mistake according to the party’s advice, and thus, the withdrawal is withdrawn” is apparent in the record.
2. Determination
A. It is obvious that the appeal is a unilateral procedural act by the appellant against the appellate court, which concludes the continuation of a lawsuit by the appellate court, after withdrawing a group of appeal filed by the withdrawal of appeal, and unless there are any special provisions or special circumstances, the provisions concerning legal acts under the Civil Procedure Act shall not apply to the procedural acts
As such, the invalidity or revocation cannot be asserted on the ground of the defect in declaration of intention such as fraud, coercion or mistake.
(See Supreme Court Decision 2004Da42968 delivered on November 12, 2004, etc.). B.
In light of the foregoing legal principles, unless the Plaintiff submitted a letter of withdrawal of appeal on January 16, 2015, the appeal cannot be voluntarily withdrawn. Ultimately, the instant lawsuit was concluded upon January 16, 2015 when the Plaintiff submitted the letter of withdrawal of appeal.
3. In conclusion, the instant lawsuit is concluded on January 16, 2015, and the Plaintiff’s withdrawal of appeal, and thus, it is so decided as per Disposition.