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1. The instant case was terminated by the withdrawal of the lawsuit on April 10, 2020.
2. The Plaintiff’s litigation cost after the date of application is designated.
Reasons
1. On April 10, 2020, the Plaintiff’s withdrawal of the lawsuit filed in the name of the Plaintiff on April 10, 2020, which was pending in this court (a notary public’s authentication of a deed signed by a notary public on April 7, 2020, hereinafter “the withdrawal of the lawsuit in this case”) submitted to this court. The fact that the Defendant expressed his/her intention to consent is evident in the written withdrawal of the lawsuit in this case.
2. Determination on the validity of the withdrawal of the lawsuit
A. The Plaintiff’s summary of the Plaintiff’s assertion by the Plaintiff was kidnapped by the Defendant without any capacity and judgment to recognize the fact of the withdrawal of the lawsuit and the legal meaning and result of the withdrawal of the lawsuit. This case’s withdrawal was submitted.
Therefore, the withdrawal of the lawsuit in this case is invalid as it is prepared and submitted in a state that the plaintiff has no capacity to conduct litigation effectively.
B. In full view of the descriptions of evidence Nos. 27 through 29, the results of the verification of this court, and the purport of the whole pleadings, the plaintiff shows symptoms such as the reduction of memory, but it is clearly aware that he has prepared the written withdrawal of this case, and it is voluntarily living with the defendant who is the second child, and it is clearly expressed to the court that he/she did not intend to continue the lawsuit in this case in the future.
If so, the preparation and submission of the withdrawal of the lawsuit of this case are valid due to the genuine will of the plaintiff with litigation capacity.
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3. According to the conclusion, since the lawsuit in this case was terminated by the withdrawal of the plaintiff's lawsuit on April 10, 2020, the declaration of termination of the lawsuit in this case is decided as per Disposition.