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(영문) 서울고등법원 2015.08.26 2014누64362
정보공개거부처분취소
Text

1. The instant lawsuit was concluded on June 29, 2015 as deemed the withdrawal of the lawsuit.

2. The costs of litigation after the request for designation of date is made.

Reasons

According to Article 8(2) of the Administrative Litigation Act and Article 268 of the Civil Procedure Act, both parties failed to attend or attended two times on the date of pleading.

Even if no pleading is made, the lawsuit shall be deemed to have been withdrawn if the plaintiff fails to apply for the designation of date within one month from the date of pleading in the second place.

Even if the Plaintiff was lawfully served a notice of the date for pleading on May 6, 2015, the Plaintiff did not appear on the date for pleading No. 11:30 on May 6, 201, and on the date for the second pleading No. 14:00 on May 27, 2015, and the Defendant litigation performer did not appear on each of the above dates for pleading, and the Plaintiff did not present on the merits, and the fact that the Plaintiff submitted an application for designation of the date for pleading to July 7, 2015, which was one month after the second date for pleading,

According to the above facts, the lawsuit in this case is deemed to have been withdrawn by the Plaintiff on June 29, 2015, which was one month after the second date for pleading (the first day is a day after June 27, 2015, since it was a Saturday or a day after June 29, 2015).

Therefore, since the lawsuit in this case is deemed to have been withdrawn on June 29, 2015, the declaration of termination of the lawsuit in this case is made by judgment.

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