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(영문) 울산지방법원 2018.02.09 2017가단10618
배당이의
Text

1. The instant lawsuit was concluded as the withdrawal of the suit on July 3, 2017.

2. The costs incurred after the completion of the lawsuit shall be borne by the Plaintiff.

Reasons

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 filed by the plaintiff, and the litigation procedure is bound to determine its validity on the basis of its indication rather than the intention of internal deliberation, and therefore, even if the plaintiff withdraws the lawsuit by mistake against the intention of internal deliberation, it shall not be deemed null and void.

(see, e.g., Supreme Court Decision 95Da11740, Oct. 24, 1997). According to the records of this case, the Plaintiff may recognize the fact that the Plaintiff filed the instant lawsuit on June 29, 2017 and submitted the written withdrawal of the lawsuit on July 3, 2017, and the fact that the written withdrawal of the lawsuit was prepared and submitted by the Plaintiff is also recognized.

However, the Plaintiff asserts that the withdrawal of the lawsuit was erroneously submitted by mistake, but the validity of the withdrawal of the lawsuit presented by the Plaintiff cannot be deemed null and void solely on such circumstance.

Therefore, the instant lawsuit is terminated as the withdrawal of the Plaintiff’s lawsuit on July 3, 2017.

If so, it is decided as per Disposition by the declaration of termination of the lawsuit in this case.

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