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(영문) 서울중앙지방법원 2020.07.14 2020가단5018906
건물인도
Text

1. The defendant shall indicate 1, 2, 3, 4, 5. The plaintiff's successor on the attached list among the real estate listed in the attached list.

Reasons

1. Indication of claims: To describe the grounds for claims and the grounds for participation in succession; and

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Where the plaintiff's rejection of a claim is succeeded to by succession, the party may withdraw with the consent of the other party (the defendant) (Article 80 of the Civil Procedure Act). However, the declaration of intention to withdraw is not recognized as the same consent as the withdrawal of the lawsuit (Article 266(6) of the Civil Procedure Act).

Therefore, the plaintiff cannot withdraw from the lawsuit of this case. Thus, the plaintiff's claim is dismissed.

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