1. The instant lawsuit was concluded on April 10, 2019 as the withdrawal order.

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

1. The following facts on the premise of fact are apparent in the record or significant to this Court:

On May 30, 2018, the Plaintiff appeared on the date of distribution of the auction case of real estate C in this Court, and raised an objection against the Defendant regarding KRW 139,250,000 out of the dividend amount against the Defendant, and filed the instant lawsuit on June 5, 2018 (the Plaintiff’s lawsuit was KRW 139,250,000) within one week thereafter.

B. On April 3, 2019, D, a legal representative delegated by the Plaintiff to the instant lawsuit, submitted a resignation document, and on April 10, 2019, the Plaintiff did not appoint a new attorney-at-law on the first date for pleading, and E, an executive officer of the Plaintiff, was present at the date for pleading.

C. On the above date for pleading, the presiding judge notified that E, who is not the representative director or the manager whose registration has been completed, was not the attendance of the lawful attorney, was treated as the absence of the Plaintiff, and the first date for pleading was designated as the next date for pleading, since the litigation of this case exceeds KRW 100 million.

After that, the full bench, at the first day for pleading, known the Plaintiff that the instant lawsuit was to be withdrawn pursuant to Article 158 of the Civil Execution Act, due to the Plaintiff’s absence on the first day for pleading, and the Plaintiff filed an immediate appeal on April 16, 2019.

2. Determination

A. Article 158 of the Civil Procedure Act provides that “When a person who has raised an objection fails to appear on the first date for pleading of a lawsuit of demurrer against distribution, the lawsuit shall be deemed to have been withdrawn.” This is a special provision under Article 268(2) of the Civil Procedure Act that the said lawsuit shall be deemed to have been withdrawn in the case where the Plaintiff was absent on the date for pleading two times in the ordinary civil procedure, and the Plaintiff again failed to file an application for designating the date within one month thereafter, the lawsuit shall be deemed to have been withdrawn. If the person who filed a lawsuit of demurrer against distribution fails to appear on the first date