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(영문) 의정부지방법원 2015.05.08 2013구합2490
특별소비세부과처분취소
Text

1. The instant lawsuit was concluded on November 22, 201 as deemed the withdrawal of the lawsuit.

2. The costs of litigation after the request for designation of date is made.

Reasons

According to Article 8(2) of the Administrative Litigation Act and Article 268 of the Civil Procedure Act, both parties failed to attend or attended two times on the date of pleading.

Even if no pleading is made, the lawsuit shall be deemed to have been withdrawn if the plaintiff fails to apply for the designation of date within one month from the date of pleading in the second place.

According to the records of this case, even when the Plaintiff was lawfully served a notice of the date of pleading on September 16, 2014, the Plaintiff did not appear on the date of second pleading on October 21, 2014, and on the third pleading on October 21, 2010 of the same year. The Defendant litigation performer did not appear on each of the above dates of pleading, but did not state his opinion, and the Plaintiff’s failure to file an application for designation of the date of pleading on January 27, 2015 may be recognized.

According to the above facts, the lawsuit in this case is deemed to have been withdrawn by the plaintiff on November 22, 2014 after one month from the third party date for pleading. Since the plaintiff contests the validity of the presumption of withdrawal of lawsuit, Article 8(2) of the Administrative Litigation Act, Article 268 of the Civil Procedure Act, and Articles 68 and 67(3) of the Rules on Civil Procedure, it is decided as per Disposition by a ruling to declare the termination of the lawsuit in this case.

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