On December 19, 2020, the instant lawsuit was concluded as the withdrawal of the Defendant’s appeal.

January 19, 2021.

1.The following facts of basic facts shall be apparent in the records or obvious to this Court:

A. The Defendant appealed against the first instance judgment on March 2, 2020.

B. On September 23, 2020, the first hearing date was set as 1:10 on September 23, 2020, and the Defendant was absent, and the Plaintiff was treated as the absence of both parties, as the Plaintiff did not appear.

(c)

This Court again set the second hearing date as 15:00 on November 18, 2020, which was set as 15:00 and passed all to the original defendant. The defendant was absent, but the plaintiff did not appear but did not present.

(d)

On January 19, 2021, the defendant filed an application for designation with this court on the premise that this case is still pending in the appellate court.

2. During the appellate trial proceeding, both parties are not present at the meeting or present at the meeting on two occasions, if they fail to apply for the designation of the date within one month, or if both parties are not present at the meeting or present at the hearing date set by the application date for designation or subsequent proceedings, the appeal is deemed to have been withdrawn if they did not present at the meeting, even if they were present at the meeting (Article 268 of the Civil Procedure Act). According to the above facts of recognition, the first and second pleadings period were all absent, and the defendant did not apply for the designation by December 18, 2020 (from November 19, 20200, the period of one month pursuant to Article 157 of the Civil Procedure Act), which was one month from the date of the second pleadings, and the date of the second pleading, which was one month from the date of the pleading (from November 19, 2020, counting from the date of the second pleading, the next date of the lawsuit was terminated as the withdrawal of the defendant's appeal.

3. As a result, even though the instant case was deemed to have been withdrawn by the Defendant on December 19, 2020, the Defendant filed an application for the subsequent designation of the date on the premise that the Defendant’s subsequent application for the designation of the date would dispute its validity, and thus, a declaration for the termination of a lawsuit is made by judgment in accordance with Articles 68 and 67(3) of the