1. The instant lawsuit was concluded on September 21, 2015 as the withdrawal of the lawsuit.

2. Expenses incurred after the completion of a lawsuit shall be borne by each person;

Article 266(2) of the Civil Procedure Act provides that "the other party to a lawsuit shall have the effect of obtaining the consent of the other party if the other party to the lawsuit submits a preparatory document as to the merits of the lawsuit, or gives any statement or pleading at the preparatory date for pleading, and if the defendant only requests a judgment of rejection of the lawsuit in the course of submitting the main defense, it cannot be deemed that the party has responded to the merits, and thus the plaintiff may withdraw the lawsuit without the consent of the defendant, since it cannot be deemed that the plaintiff has responded to the merits, and even if the defendant requested a dismissal of the lawsuit in the main defense due to the main defense and the dismissal of the claim in the main defense, seeking a dismissal of the claim

(See Supreme Court Decision 2009Meu1861, 1878 Decided July 22, 2010, and Supreme Court Decision 68Da217, 218 Decided April 23, 1968, etc.). Meanwhile, in a case where it is found that a trial has been conducted while the lawsuit was completed, the court should ex officio declare the termination of the lawsuit.

(See Supreme Court Decision 2010Da103048 Decided April 28, 2011). In the instant case, the Defendant brought an appeal against the Plaintiff to the effect that the instant lawsuit was unlawful due to the Plaintiff’s failure to observe the exercise period of the redemptive right, and that the Plaintiffs’ claim as to the instant case was dismissed. Thereafter, the Plaintiffs submitted the written withdrawal of the instant lawsuit to this court on September 21, 2015, regardless of the Defendant’s consent, by submitting the written withdrawal of the lawsuit, and the instant lawsuit was concluded as the withdrawal of the lawsuit by the Plaintiffs on September 21, 2015.

Nevertheless, on October 1, 2015, after the plaintiffs submitted the written withdrawal of the lawsuit, the defendant submitted a written consent to the above withdrawal to this court. This court confirmed that the lawsuit has been terminated and conducted a trial thereafter, and thus, the declaration of the termination of the lawsuit is to be made.