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(영문) 서울중앙지방법원 2019.03.20 2018가합562259
매매계약무효확인
Text

1. The instant lawsuit was concluded on October 29, 2018 as the withdrawal of the lawsuit.

2. The costs of the lawsuit after the request for setting the date.

Reasons

1. On September 4, 2018, the Plaintiff filed the instant lawsuit against the Defendant, and on October 29, 2018, submitted the written withdrawal of the lawsuit attached with a certificate of personal seal impression C, an employee, to the competent court. The Defendant submitted written consent to the withdrawal of the lawsuit on the same day.

Therefore, the instant lawsuit was concluded on October 29, 2018, barring special circumstances.

2. As to the Plaintiff’s legal representative’s assertion, the Plaintiff’s legal representative asserts that the submission of the written withdrawal of the instant lawsuit is invalid as an act of a person without legal capacity, as the Plaintiff suffered from Albts-type dementia. On January 28, 2018, the Plaintiff’s legal representative applied for the designation of date to this court.

On the other hand, there is no evidence to acknowledge that the plaintiff did not have a litigation capacity at the time of submitting the written withdrawal of the lawsuit in this case. Rather, in full view of the description of Eul evidence No. 7 and the purport of the entire pleadings, the plaintiff can lead an independent daily life as a level of light recognition disability prior to dementia. Thus, the above assertion by the plaintiff's attorney is without merit.

3. As such, the instant lawsuit is concluded on October 29, 2018, and thus, the Plaintiff’s withdrawal of the lawsuit is terminated, and thus, it is so decided as per Disposition.

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