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1. The Plaintiff’s lawsuit against Defendant B was terminated on July 11, 2017 by Defendant B’s failure to file a claim.
2. Defendant C.
Reasons
1. The plaintiff's judgment on the lawsuit against the defendant B
A. The failure of an appellant is a unilateral declaration to the court where the defendant has a reason for the plaintiff's claim in the lawsuit, and in principle, an oral statement is to be made on the date for pleading or the date for preparatory pleading. If the parties fail to appear or appear on the date for preparatory pleading but do not present on the merits, the party may be ordered to present at the court by deeming that he/she stated in the complaint, reply and other briefs submitted by him/her, and if the party has made an indication of his/her intention in the answer and other briefs which are deemed to have stated accordingly, and if he/she has obtained an authentication by a notarial office, the waiver
(Article 148(1) and (2) of the Civil Procedure Act).
According to the records of this case, the Plaintiff filed a lawsuit against Defendant B, on March 16, 2017, to seek implementation of each of the registration procedures for cancellation of the establishment of a mortgage completed on February 2, 2012 as to the 1/2 share of the real estate listed in the separate sheet No. 1, which was completed on February 2, 2012 by the Taean District Court (Seoul District Court) No. 2290, which was completed on February 2, 2012, and the 1/2 share of the real estate listed in the separate sheet No. 2289, which was completed on February 2, 2012. Defendant B submitted a written response stating the purport that all of the claims of the Plaintiff were accepted by the competent court on July 3, 2017. Defendant B’s written response can be recognized as having been made on July 11, 2017 at the date for pleading of the Plaintiff’s defense against the Defendant B.
C. Therefore, the Plaintiff’s lawsuit against Defendant B was terminated on July 11, 2017 by Defendant B’s failure to file a claim.
2. Determination as to the Plaintiff’s claim against Defendant C