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(영문) 부산지방법원 2015.08.21 2015가단15142
소유권이전등기
Text

1. The Plaintiff’s instant lawsuit against the Defendant was concluded as the withdrawal of the suit on May 19, 2015.

2. Designation of the date of the plaintiff.

Reasons

According to the purport of the records and the entire pleadings of the instant case, ① the Defendant, after the Plaintiff filed the instant lawsuit, submitted a written reply on March 17, 2015, and the Defendant appeared on May 15, 2015 at the first day for pleading held on May 15, 2015, and claimed the Plaintiff’s claim as well as the Plaintiff’s claim. ② However, on May 19, 2015, the Plaintiff submitted to this court a written statement of the withdrawal of the instant lawsuit against the Defendant, and on May 26, 2015, delivered the said written withdrawal to the Defendant; ③ The Defendant was served with the said written withdrawal and did not raise any objection to more than two weeks.

If so, the plaintiff's lawsuit against the defendant does not raise an objection within two weeks from the date on which the defendant received a written withdrawal of the lawsuit, and thus, the withdrawal of the lawsuit becomes effective.

Therefore, the plaintiff's lawsuit against the defendant was terminated as the withdrawal of the lawsuit.

On the other hand, the plaintiff asserts that the withdrawal of a criminal complaint against the defendant was submitted by mistake to revoke the criminal complaint against the defendant, and that the withdrawal of the complaint is withdrawn.

However, as a procedural act against the plaintiff's court that has extinguished the continuation of a lawsuit, the legal act as a procedural act against the plaintiff's court is bound to determine its validity on the basis of its indication rather than the intention of internal deliberation, unlike the act under general private law. Unless otherwise provided in the Civil Act or under special circumstances, the provisions concerning the legal act under the Civil Act cannot be applied, and thus, it cannot be asserted that its invalidation or revocation is asserted

Therefore, the plaintiff's withdrawal of lawsuit cannot be accepted.

Therefore, as to the lawsuit of this case, the declaration of termination of the lawsuit of this case must be made, it is so decided as per Disposition.

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