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1. The instant lawsuit was concluded on May 20, 202 as the withdrawal of the lawsuit.
2. The costs of lawsuit after the completion of the lawsuit are individually considered.
Reasons
If a person who has raised an objection to a distribution fails to appear on the first date for pleading of a lawsuit of demurrer against the distribution, the court shall ex officio make a declaration of termination of the lawsuit, if it is found that the lawsuit has been withdrawn (Article 158 of the Civil Execution Act), and if it is found that the lawsuit has
(See Supreme Court Decision 2010Da103048 Decided April 28, 201). In this case, the facts that the Plaintiff did not appear on the first date for pleading held on May 20, 2020, even though the Plaintiff was notified of the legitimate date for pleading by this court, are clearly recorded in the record. Thus, the instant lawsuit is deemed to have been withdrawn by the Plaintiff on May 20, 2020, and even if the court set the date for pleading by passing it, the effect of the deeming lawsuit is not extinguished.
Therefore, the court declares the termination of the lawsuit in order to clarify the termination of the lawsuit in this case.