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1. The instant lawsuit was concluded as the withdrawal of the Defendant’s appeal on November 30, 2017.
2. The costs of the lawsuit after the completion of the lawsuit.
Reasons
1. The following facts shall be apparent or clearly recorded in this Court:
The judgment of the court of first instance of this case was rendered on September 15, 2017, and the defendant's attorney was served on September 18, 2017, and submitted a petition of appeal on September 28, 2017.
B. On October 25, 2017, this court issued an order to make an explanatory statement to the Defendant stating that “the preparatory documents specifically stating the grounds for appeal by November 15, 2017 and the necessary evidence are removed”. On November 15, 2017, the Defendant submitted an application for extension of the deadline for submitting the statement of reasons for appeal on the grounds that there is insufficient preparation for submitting the statement of reasons for appeal on November 15, 2017.
C. On November 30, 2017, two weeks later, the Defendant submitted a written withdrawal of the lawsuit to this court (which appears to have chosen the document type to be submitted in the form of electronic litigation). The Defendant also submitted a document indicating “B, the withdrawal of the lawsuit, at the end,” indicating “B” as the withdrawal of the lawsuit under the title of “the withdrawal of the lawsuit.”
This Court, on April 20, 2018, submitted by the Defendant at the first date for pleading.
Although the content of the statement in the claim is evaluated as the declaration of intent to withdraw an appeal, the defendant stated that the lawsuit will be terminated. However, on May 25, 2018, the defendant submitted a preparatory document disputing the judgment of the first instance on the ground that he/she did not intend to withdraw an appeal and stated that he/she would be subject to a judgment.
2. Determination
A. It is obvious that the appeal is a unilateral procedural act by the appellant against the appellate court, which concludes the continuation of a lawsuit by the appellate court, after withdrawing a group of appeal filed by the withdrawal of appeal, and unless there are any special provisions or special circumstances, the provisions as to a legal act under the Civil Procedure Act shall not apply to any procedural act
Therefore, the declaration of intention, such as fraud, coercion, or mistake, is void.