1.(a)

Of the judgment of the first instance court, it is against the plaintiff BO (attached Form 1, the list of plaintiffs and the succeeding intervenors 61).

1. A person who files an ex officio judgment suit on the plaintiff BO's lawsuit may withdraw the whole or part of the lawsuit until the judgment becomes final and conclusive, and the withdrawal of the lawsuit after the pleading has been made shall be effective with the consent of the other party.

Article 266(1), (2), (3), (4), and the former part of Article 266(6) of the Civil Procedure Act). According to the records, the Plaintiff BO submitted a written withdrawal of the lawsuit on January 31, 2012 during the first instance trial, and the written withdrawal of the lawsuit was served on the Defendant on February 6, 2012, and the Defendant did not raise any objection, but on April 4, 2012, it shall be deemed that the other party did not raise any objection (Article 266(1), (2), (3), (4), and the former part of Article 266(6) of the Civil Procedure Act). According to the records, the Plaintiff BO submitted a written withdrawal of the lawsuit on January 31, 2012 by the Plaintiff and the Intervenor succeeding to the Plaintiff (hereinafter referred to as “attached 1 List”), the Defendant did not file an appeal against the Plaintiff on April 4, 2012.

According to the above legal principles and facts, Plaintiff BO’s lawsuit was lawfully withdrawn prior to the pronouncement of the first instance judgment.

The plaintiff BO's lawsuit has no longer been pending and the court has judged the plaintiff BO's claim while the court of first instance did not make any trial and judgment. This decision is unlawful against the principle of disposition right under Article 203 of the Civil Procedure Act. Thus, it shall be revoked as it is against the principle of disposition right under Article 203.

(see, e.g., Supreme Court Decision 2009Da37695, Sept. 10, 2009). Therefore, the part of the judgment of the first instance against Plaintiff BO in its entirety.