The requirements for the subsequent completion of the proceedings or the application for designation of date

An application for a subsequent completion of the litigation procedures or for designation of date shall be made only when the lawsuit is concluded to have been withdrawn due to a lack of responsibility of the parties on the date of pleading, but the lawsuit is not concluded.

Article 160 of the Civil Procedure Act

Notice of April 27, 1965 65Ma139 decided Apr. 27, 1965 (Supreme Court Decision 7831, Decision No. 100 (20) of the Civil Procedure Act, Decision No. 847)

Countries

Defendant 1 and nine others

Busan District Court (65Ga814)

The appeal was concluded on April 14, 1966 and on June 10, 196, by the parties being present at each date of pleading at 10:0 am and 10:00 am prior to May 6, 196.

The plaintiff's subsequent completion of the proceedings and subsequent application for designation of date on May 14, 1966 shall be borne by the plaintiff.

The original judgment shall be revoked.

As to the real estate recorded in the attached list No. 1, Defendant 2, Defendant 3 on the real estate recorded in the attached list No. 2, Defendant 4 on the real estate recorded in the attached list No. 3, Defendant 5 on the real estate recorded in the attached list No. 4, Defendant 5 on the real estate recorded in the attached list No. 8, Defendant 6 on the real estate recorded in the attached list No. 9, Defendant 7, Defendant 8 on the real estate recorded in the attached list No. 10, Defendant 8 on the real estate recorded in the attached list No. 11, each application for allocation of farmland

Defendant 9

The registration office of November 23, 1963 is the Busan District Court, Busan District Court, the Busan District Court, the Registry of 13770 of Sep. 12, 1963 of the same year with respect to the real estate stated in the Schedule No. 2 of the same year. The registration office of the same registry office with respect to the real estate stated in the Schedule No. 3 of the same registry office as the receipt No. 13824 of Nov. 23, 1963 of the same registry office as of November 21, 1963 of the same registry office with respect to the real estate stated in the Schedule No. 4 of the same Code No. 13773 of the same day, the registration office of the same registry office with respect to the real estate mentioned in the Schedule No. 5 of the same registry office, the registration office of the transfer of ownership No. 13774 of the same day is the same registry office with respect to the same Decree No. 13862 of the same day, the receipt of the Schedule No. 137179 of the same date.7.

All costs of the lawsuit shall be borne by the defendant, etc.

First, the plaintiff 1's non-party 1's application for the completion of the proceedings and the designation of date is examined. The plaintiff 1's non-party 2 and the plaintiff 1's non-party 2 were notified of the date of pleading at 10:0 am on April 14, 196 and again notified of the date of pleading at 10:0 am on May 6, 196 of the same year, and the parties were not present at 10:0 am on each of the above dates. Thus, the plaintiff 1's application for the completion of proceedings and the designation of date can be considered as withdrawal of the plaintiff's appeal, and it can be said that the plaintiff 1 is not present on the date of pleading due to any cause not attributable to the party's responsibility and the lawsuit is terminated, and the plaintiff 1's non-party 1 was not present on the first day of pleading and the plaintiff 1's application for the alteration of the proceedings cannot be accepted by his own fault after being notified to the attorney 5:000 am.

If so, this case is terminated due to the above reasons, so it is decided as per Disposition by applying Article 89 of the Civil Procedure Act.

Judges Cho Tae-hee (Presiding Judge)