beta
Text
1. The lawsuit between Plaintiff F and Defendant Seoul Special Metropolitan City was concluded on June 16, 2018 as the withdrawal of the appeal by the said Plaintiff.
Reasons
1. As to the declaration of termination of the lawsuit
(a) The following facts are apparent in the record of recognition:
1) On October 10, 2017, Plaintiff F filed an appeal against the judgment of the first instance court on the first instance court. 2) This court sent a notice of the first day of pleading to “Seoul AL,” which is the Plaintiff F’s domicile on November 15, 2017. The Plaintiff F received the notice on November 20, 2017.
3) On January 10, 2018, Plaintiff F, Defendant Seoul Special Metropolitan City, and Dongjak-gu Seoul Special Metropolitan City did not appear on the date of the first instance trial held on January 14:30, 2018. (4) This court sent the second notice of the date of the pleading to the address of Plaintiff F on January 10, 2018. In the event that the delivery of the said notice was impossible on January 16, 2018 due to the absence of closure, the said notice was sent and sent on January 25, 2018.
5) On April 30, 2018, Plaintiff F and Defendant Dongjak-gu Seoul Metropolitan Government did not appear on the date of the second pleading for the trial, which was in progress on March 20, 2018, on the second day for the trial. 6) The court sent the third day for pleading to Plaintiff F’s address on April 30, 2018. The Plaintiff F received this on May 3, 2018.
7 Plaintiff F, Defendant Seoul Special Metropolitan City, and Dongjak-gu Seoul Metropolitan Government did not appear on the third day of pleading of the trial that was in progress on May 15, 2018.
B. Articles 408 and 268(1) through (3) of the Civil Procedure Act provide that “(i) where both parties during the course of an appellate trial fail to appear or present at the meeting on two occasions, if both parties fail to appear or present at the meeting, an application for designating a date shall be made within one month, and if an application for designating a date is not made within one month, the appeal shall be deemed to have been withdrawn.”
According to the above facts of recognition, both parties to the lawsuit between the plaintiff F and the defendant Seoul Special Metropolitan City.