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(영문) 부산지방법원 2018.10.26 2017구합24586
주택건설사업계획변경승인처분 취소
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1. The instant lawsuit was concluded on June 18, 2018 as the withdrawal of the lawsuit.

2. The Plaintiff’s litigation costs after the completion of the lawsuit.

Reasons

1. On December 22, 2017, the Plaintiff filed a lawsuit against the Defendant (hereinafter only referred to as “instant lawsuit”) that is identical in the description in the purport of the claim, and appointed D as a legal representative on March 15, 2018, and submitted a letter of resignation to the legal representative on March 29, 2018, and submitted to this court a letter of delegation of the lawsuit that appointed D as a legal representative on March 29, 2018. The Plaintiff’s legal representative submitted “written withdrawal of the lawsuit” to the effect that E withdraws of the Plaintiff’s lawsuit from this court on June 15, 2018. Accordingly, the Defendant’s legal representative submitted written consent to the withdrawal of the lawsuit to the instant court on June 18, 2018 is apparent.

2. The withdrawal of a lawsuit by the Plaintiff is the litigation against the Plaintiff’s court to extinguish the continuation of the lawsuit by withdrawing the lawsuit brought by the Plaintiff, and the litigation is bound to determine whether the lawsuit has its validity on the basis of its indication rather than the intention of internal deliberation, unlike the act under general private law. As long as the written withdrawal of a lawsuit is submitted, the Plaintiff cannot withdraw it at his own discretion without asking the other party before or after the service

In light of the above legal principles on June 27, 1997 (see, e.g., Supreme Court Decision 97Da6124, Jun. 27, 1997). In light of the above legal principles, the Plaintiff filed an application for the designation of a fixed date, asserting that the withdrawal of the lawsuit was voluntarily submitted by the Plaintiff’s attorney without the Plaintiff’s consent, and that the lawsuit in this case should be sustained. However, the letter of delegation of the lawsuit in this court submitted to the court stated that the Plaintiff delegated all the procedural acts, including the withdrawal of the lawsuit in this case, to the E Law Firm E Law Firm in March 2018, and the fact that the Plaintiff’s seal is affixed to the Plaintiff’s name is apparent, and thus, the Plaintiff’

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