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(영문) 수원지방법원 2018.12.13 2018가단516424
가등기말소
Text

1. On November 11, 1985, the Suwon District Court shall accept the Plaintiff B with respect to the area of 692 square meters prior to the I in Sung-si.

Reasons

1. Determination as to the claim filed by Plaintiff B and Plaintiff A by the succeeding intervenor C

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession of a claim against Defendant D, F, or G (Articles 208(3)2 and 150(3)2 of the Civil Procedure Act) by public notice on a claim against Defendant E and H (Article 208(3)3 of the Civil Procedure Act)

2. Although Plaintiff A filed an application for withdrawal from a lawsuit on June 22, 2018, Plaintiff A’s judgment as to Plaintiff A’s claim, the withdrawal did not obtain the consent of the Defendants, and in the case of withdrawal from a lawsuit, the withdrawal is not deemed to have been agreed, and thus, the withdrawal is not recognized.

Therefore, since the litigation relationship between the plaintiff A and the defendants continue to exist effectively, the plaintiff's claim is also judged.

According to the records, the plaintiff A sells 290 square meters to the above plaintiff's succeeding intervenor C, which was no longer the owner of the above real estate, and the plaintiff A's claim against the defendants is dismissed as it is without merit.

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