A. The withdrawal of the lawsuit and the legal nature of the effect of the prohibition of its re-instigation

B. Whether the competent authority’s permission is required to withdraw a lawsuit concerning the basic property instituted by a public interest corporation (negative)

A. The effect of the so-called prohibition of re-instigation of a lawsuit, which is different from the act of disposal, such as waiver of rights under the substantive law, as it is a sole litigation against the court that withdraws the lawsuit filed by the plaintiff, and the effect of the so-called prohibition of re-instigation of a lawsuit, for which the person who withdraws the lawsuit does not have an effect on the legal effect under the Civil Procedure Act and the legal relationship under the substantive law, is not limited to the effect of the prohibition of re-

B. Article 11(3) of the Act on the Establishment and Operation of Public-Service Corporations is a mandatory provision, and even if a public-service corporation disposes of its basic property without obtaining permission from the competent authority in violation of this provision, the disposal disposition becomes null and void, the withdrawal of the lawsuit after the final judgment on the merits was made in the lawsuit on the basic property filed by the public-service corporation cannot be deemed a waiver of rights under the substantive law. Thus, the withdrawal of the lawsuit

(a)Articles 239 and 240(2)(b) of the Civil Procedure Act; Article 11(3) of the Act on the Establishment and Operation of Public Interest Corporations;

Busan District Court Decision 200Hun-ho48 delivered on January 1, 200

Defendant 1 and two others

Seoul High Court Decision 76Na771 delivered on August 25, 1987

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

The effect of the so-called prohibition of re-instigation of a lawsuit, which is not a person who withdraws the lawsuit after the final judgment on the merits, is equivalent to the effect under the Civil Procedure Act and does not affect the legal relationship under the substantive law, so the right is not extinguished under the substantive law, because it is the legal relationship with the effect of the prohibition of re-instigation of a lawsuit against the court that withdraws the lawsuit filed by the plaintiff.

Article 11(3) of the Act on the Establishment and Operation of Public Interest Corporations provides that a public-service corporation shall obtain permission from the competent authority when it intends to sell, donate, lease, exchange, exchange, or change its basic property as security, or make a long-term loan of a certain amount or more prescribed by Presidential Decree. The above provision is a mandatory provision, and even if a public-service corporation disposes of its basic property without obtaining permission from the competent authority in violation of this provision becomes null and void if it disposes of its basic property without obtaining permission, it cannot be deemed a waiver of rights under the substantive law merely because it withdraws a lawsuit after the final judgment on the merits was made in

In the same view of the court below, even if the withdrawal of a lawsuit after the final judgment was rendered has the same result as the waiver of the right, it is just for the court below to have determined that the withdrawal of the lawsuit of this case is valid on the ground that it is merely a de facto result as a result of the prohibition of re-instigation pursuant to Article 240(2) of the Civil Procedure Act, and it is not a waiver of the right under substantive law, and there is no error of law by misunderstanding the requirements for withdrawal of the lawsuit or the legal principles of Article 11 of the Act on the Establishment

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won