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(영문) 서울중앙지방법원 2018.11.27 2015나28561
지료
Text

1. The instant lawsuit was concluded on August 21, 2015 as the withdrawal of the Defendant’s appeal.

2. After filing an application for designation of the date.

Reasons

1. The following facts of recognition are apparent to be recorded:

On June 14, 2013, the Plaintiff filed a lawsuit against the Defendant seeking partial delivery of the land indicated in [Attachment List No. 1] No. 2013da162398 by Seoul Central District Court and the removal of the buildings indicated in [Attachment No. 2] and the return of unjust enrichment equivalent to rent.

B. On April 30, 2015, the first instance court rendered a judgment in favor of the Plaintiff, and the Defendant appealed against this on May 21, 2015.

C. On August 21, 2015, through G, the Defendant submitted the written withdrawal of appeal (hereinafter “written withdrawal of appeal of this case”). The written withdrawal of appeal of this case has the same seal as that of the Plaintiff’s seal impression affixed to the written withdrawal of appeal of this case. The Plaintiff’s certificate of personal seal impression issued on August 20, 2015 is attached.

2. Determination

A. Although the Defendant did not submit the written withdrawal of the instant appeal and received a certificate of personal seal impression attached to the written withdrawal of the appeal of this case, the Defendant asserted that the written withdrawal of the instant appeal of this case was forged and applied for designation of a date on May 21, 2018, it is not enough to recognize the Defendant’s allegation as above, and there is no other evidence to prove otherwise.

Rather, according to the above facts, it is reasonable to deem that the withdrawal of the instant appeal was submitted by the Plaintiff’s own will.

B. The withdrawal of an appeal shall take effect immediately after the withdrawal of the appeal, and the lawsuit shall be deemed not to continue to exist at the appellate court from the beginning (Articles 393(2) and 267(1) of the Civil Procedure Act). According to the foregoing, the appeal of this case may be deemed to have been lawfully withdrawn. Thus, the lawsuit of this case was terminated on August 21, 2015 by the Defendant’s withdrawal of appeal.

3. As such, the instant lawsuit was concluded on August 21, 2015, and thus, the Defendant’s withdrawal of the appeal, thereby making a declaration of termination of the lawsuit.

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